Although the Genetic Information Nondiscrimination Act (GINA) took effect for most employers nearly one year ago, the EEOC had yet to issue final regulations interpreting the law that bans employment discrimination based on an individual’s genetic information and family medical history. That all changes today.
Final regulations governing GINA are scheduled for publication November 9th in the Federal Register, and will take effect in 60 days. The regulations implement Title II of GINA, which generally bars a “covered entity” from requesting, requiring, or purchasing an individual’s genetic information and making employment decisions based on such data. “Covered entities” are defined to include employers, unions, employment agencies, and joint apprenticeship programs.
Keep tuned to Varnum’s Labor Law Advisories for further information about GINA, the new regulations, and the impact they may have on your business.