The Equal Employment Opportunity Commission (EEOC) issued final regulations on GINA’s Employment Nondiscrimination Provisions under Title II, which prohibits employment discrimination based on genetic information, and restricts acquisition and disclosure of genetic information by employers.
As background, Title II applies to state and local government and private employers with 15 or more employees, employment agencies, labor unions, and joint labor-management training programs. It also covers Congress and federal executive branch agencies. Title II of GINA prohibits use of genetic information in making decisions related to any terms, conditions, or privileges of employment, prohibits covered entities from intentionally acquiring genetic information, requires confidentiality with respect to genetic information (with limited exceptions), and prohibits retaliation.
Although the EEOC issued proposed rules under Title II in March 2009 (and GINA Title II was effective Nov. 21, 2009), the final regulations do not take effect until Jan. 10, 2011.
The final regulations in regard to employee benefits include:
- Prohibits using genetic information in employment decisions, including those concerning hiring, firing, compensation, and terms and conditions of employment;
- Prevents employers from requesting, requiring, or purchasing genetic information, other than to comply with the Family and Medical Leave Act or similar laws, for use in genetic monitoring related to toxic substances in the workplace, or for DNA analysis for law enforcement purposes;
- Permits employers to request genetic information in connection with a wellness program, provided, among other things, that an employee consents to receive such request, and any financial incentive for providing such information is also available to employees participating in the program who do not provide genetic information;
- Requires that genetic information be maintained as a confidential medical record, strictly limiting its disclosure;
- Provides broad remedies for individuals whose genetic information is acquired, used, or disclosed in violation of GINA, and protects employees from retaliation for exercising rights under GINA.
Click here to read the regulations.
