On Nov. 9, the Equal Employment Opportunity Commission (EEOC) published its final regulations implementing the Genetic Information Nondiscrimination Act of 2008 (GINA). GINA is meant to prevent misuse of emerging genetic testing. Title II of GINA applies to employers with 15 or more employees, preventing them from actively seeking out or using genetic health information for discriminatory purposes.
According to the law and corresponding regulations, genetic information includes information from an employee or an employee’s family member’s genetic tests or requests for genetic tests. It also includes the employee’s family medical history. Genetic information does not include information such as age, gender, race or ethnicity. Title II of GINA is enforceable through the procedures and remedies of Title VII of the Civil Rights Act of 1964. Title II also prohibits harassment and retaliation.
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