EEOC Issues Final GINA Regulations
The U.S. Equal Employment Opportunity Commission (EEOC) today issued final regulations implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act of 2008 (GINA), according to an agency press release. GINA prohibits use of genetic information to make decisions about health insurance and employment, and restricts the acquisition and disclosure of genetic information.
GINA applies to private employers with 15 or more employees and generally prohibits employers from requesting, requiring, or purchasing an applicant’s or employee’s genetic information, even if the employer never uses that information.
According to the EEOC, “genetic information” includes:
- Information about an individual’s genetic tests;
- Information about the genetic tests of a family member;
- Family medical history;
- Requests for, and receipt of, genetic services by an individual or a family member; and
- Genetic information about a fetus carried by an individual or family member, or about an embryo legally held by the individual or family member using assisted reproductive technology.
The EEOC has published detailed information on GINA and its final regulations on its Website.
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