EEOC Issues Final Regs on Genetic Info Non-Discrimination

November 9, 2010 (PLANSPONSOR.com) - The U.S. Equal Employment Opportunity Commission (EEOC) has issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act of 2008 (GINA).

Title II of GINA prohibits use of genetic information in the employment context; restricts employers and other entities covered by Title II from requesting, requiring, or purchasing genetic information; and strictly limits such entities from disclosing genetic information.   

The final regulations provide examples of genetic tests; more fully explain GINA’s prohibition against requesting, requiring, or purchasing genetic information; provide model language employers can use when requesting medical information from employees to avoid acquiring genetic information; and describe how GINA applies to genetic information obtained via electronic media, including Web sites and social networking sites.  

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The commission has also issued two question-and-answer documents on the final GINA regulations, one of which is aimed at helping small businesses comply with the law. Links to the regulations and to the questions-and-answers are at http://eeoc.gov/laws/types/genetic.cfm.

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