EEOC Final Regulations for GINA, Genetic Information Nondiscrimination Act of 2008 - Prohibiting Use of Genetic Information for Employment Purposes

EEOC Final Regulations for GINA, Genetic Information Nondiscrimination Act of 2008 - Prohibiting Use of Genetic Information for Employment Purposes

DNA Genetics

In this Emerging Issues commentary, Danyelle S.T. Wright and Rachel I. Butt discuss the provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA). On November 9, 2010, the Equal Opportunity Commission (EEOC) issued a final rule implementing Title II of GINA (the "Regulation"). The Regulation is effective January 9, 2011. They write:

Excerpt:

"Title II of GINA, which the EEOC implemented, prohibits covered entities from using genetic information for employment purposes-including, but not limited to decisions concerning hiring new employees, firing, job assignments, and promotions-prevents covered entities from requesting, requiring, or purchasing genetic information, and limits disclosure of genetic information. Title II is applicable to private employers, and state and local government employers with more than fifteen employees."

"The Regulation clarifies that it does not apply to a covered entity-defined below-when the action does not pertain to the individual's status as an employee, member of a labor organization, or participant in an apprenticeship program. For Example, the Regulation would not apply when: (1) an individual receives a medical exam for diagnosis or treatment unrelated to employment at the hospital or health care facility where that person is an employee or (2) actions by a covered entity carried out in its capacity as a law enforcement agency that is investigating criminal conduct, even if the subject of the investigation is an employee."

"The Regulation addresses passive acquisitions of genetic information, as does GINA. However, the Regulation clarifies that these passive acquisitions are an exception to the rule prohibiting acquisition. There are five situations when a covered entity may inadvertently receive genetic information without recourse."

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Danyelle S.T. Wright is a shareholder in the law firm of Sebaly Shillito + Dyer and concentrates her practice in Labor & Employment and Workers' Compensation. Ms. Wright serves as a single point of contact for clients, providing guidance on various employment matters, including, but not limited to, wage-hour disputes. Ms. Wright received her Bachelor of Arts in Government and Africana Studies from Cornell University in 1993 and her J.D. from The Ohio State University College of Law in 1999.

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Additional Resources:

Danyelle Wright on Genetic Information Discrimination Act of 2008 (GINA) on the LexisNexis Workers' Compensation Law Community.

New GINA Regulations Require Immediate Employer Action on Martindale.com.

The DNA of GINA: The EEOC Issues Final Regulations Effective January 10, 2011 on Martindale.com.

U.S. EEOC Issues Final Regulations Implementing the Genetic Information Nondiscrimination Act on Martindale.com.

Test Case for Genetic Discrimination in the Workplace Filed With EEOC on the LexisNexis Workers' Compensation Law Community.

Genetic Information Nondiscrimination Act of 2008 in Employee Benefits Guide (Matthew Bender).