Labor & Employment Law

Proposed Rule Issued Under the Genetic Information Nondiscrimination Act

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a Notice of Proposed Rule Making implementing employment provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA). Title II of GINA, which relates to employment, goes into effect on November 21, 2009.

GINA, which was signed into law last May, prohibits discrimination by health insurers and employers based on genetic information. Title II of GINA (the subject of the proposed regulations), prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements.

Some Basics About GINA:

Title I amends portions of the Employee Retirement Income Security Act (ERISA), the Public Health Service Act, and the Internal Revenue Code, addresses the use of genetic information in health insurance.

Title II prohibits the use of genetic information in employment, prohibits the intentional acquisition of genetic information about applicants and employees, and imposes strict confidentiality requirements.

Title II applies to private and state and local government employers with 15 or more employees, employment agencies, labor unions, joint labor-management training programs, Congress and federal executive branch agencies.

What is 'genetic information?'

Genetic information includes, 'information about an individual's genetic tests, genetic tests of a family member, and family medical history.' It does not include 'information about the sex or age of an individual or the individual's family members, or information that an individual currently has a disease or disorder.'

Prohibited Employment Practices:

Generally, GINA prohibits the use of genetic information in connection with any terms or conditions of employment. In addition, employers cannot intentionally acquire information and imposes additional confidentiality requirements with respect to genetic information. GINA's confidentiality provisions impose similar requirements on genetic information as that required under the Americans With Disabilities Act. With regard to remedies, The same remedies available under Title VII are available under GINA.

Follow These Links to:

EEOC Proposed Regulations Under the Genetic Information Nondiscrimination Act 
of 2008
Questions and Answers on the Genetic Information Nondiscrimination Act of 2008

Full post as published by Strategic HR Lawyer on March 10, 2009 (boomark / email).