The final regulations under Title II of the Genetic Information Nondiscrimination Act issued by the Equal Employment Opportunity Commission went into effect Jan. 10, 2011. After GINA Title I left employers wanting more clarification, specifically in regard to wellness programs, the final regulations issued Nov. 9, 2010 provided better guidance on handling sensitive health information.
GINA provides regulations to govern the gathering and use of genetic information and generally:
- Bars the use of genetic information in employment decision-making
- Restricts deliberate acquisition of genetic information
- Requires the genetic information be maintained as a confidential medical record
- Places strict limits on disclosure of genetic information
The final ruling provides clear and specific guidelines for compliance. The most critical may have been for those who offer or are considering offering health and wellness programs. The clarification comes in that while employers may not offer an inducement for individuals to provide genetic information, they may offer financial incentives to encourage participation in health or genetic services and request family health history information if certain requirements are met.
Another major contribution to GINA II included redefining numerous terms such as genetic information, genetic services, deliberate acquisition and inadvertent discovery, that were difficult to understand in the first round of guidance.
To read GINA Title II, click here.
