Almost a year after the law went into effect, the EEOC today issued final regulations implementing the employment provisions of GINA, the Genetic Information Nondiscrimination Act. 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 all employers with at least 15 workers. Along with the new regs, the EEOC has provided a GINA Q&A for small employers.
Background: Congress enacted GINA with strong bipartisan support in 2008, in response to concerns that patients would decline to take advantage of the increasing availability of genetic testing out of fear that they could lose their jobs or health insurance if such tests revealed adverse information. GINA prohibits employment discrimination based on genetic information, and restricts the acquisition and disclosure of genetic information.
What’s genetic information? The new regs clarify that the term includes information about individuals’ genetic tests and the tests of their family members; 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 of an embryo legally held by the individual or family member using assisted reproductive technology.
The final regulations provide examples of genetic tests; more fully explain GINA’s prohibition against requesting, requiring, or purchasing genetic information; provide model language employers can use when requesting medical information from employees to avoid acquiring genetic information; and describe how GINA applies to genetic information obtained via electronic media, including websites and social networking sites.
