The Genetic Information Nondiscrimination Act (“GINA,” codified at 42 U.S.C. §2000ff et seq.), took effect on November 21, 2009. Approximately one year after Title II of GINA became effective, the Equal Employment Opportunity Commission (“EEOC”) issued its final rule (regulations) clarifying the law. See 75 FR 68917-68918 (November 9, 2010). The EEOC’s final rule, effective January 10, 2011, interprets Title II of GINA, which prohibits an employer from “requesting, requiring, or purchasing” an individual’s “genetic information” and making employment decisions based on such information. With approximately 200 GINA charges pending at the EEOC, employers can expect increased litigation and compliance enforcement under the Act. Accordingly, employers need to get prepared.
Now that the EEOC’s final rule has been issued, employers should be aware of the following implications:
For an online version of the EEOC’s final rule, please visit: http://www.federalregister.gov/articles/2010/11/09/2010-28011/regulations-under-the-genetic-information-nondiscrimination-act-of-2008.