Final
regulations implementing the employment provisions (Title II) of the
Genetic Information Non-Discrimination Act (GINA) were issued today by
the U.S. Equal Employment Opportunity Commission (EEOC). GINA prohibits
employers from discriminating against employees or applicants on the
basis of genetic information about the employee, applicant, or their
family members.
GINA According to the provisions, genetic information includes:
The final regulations:
The regulations were approved by a unanimous vote of the Commission, Title II of GINA represents the first legislative expansion of the
applies to all public employers, private employers with 15 or more
employees, employment agencies, and labor organizations. Under Title II
of GINA, employers are prohibited from using genetic information to make
decisions about employment and benefits such as health insurance. In
addition, the acquisition and disclosure of genetic information is
restricted.
member or of an embryo legally held by the individual or family member
using assisted reproductive technology
information from employees to avoid acquiring genetic information
and include clarifications and refinements made in response to comments
received during the notice and comment period.
EEOC’s jurisdiction since the Americans with Disabilities Act of 1990
(ADA).