Ford & Harrison LLP
On November 9, 2010, the Equal Employment Opportunity Commission published final regulations implementing Title II of the federal Genetic Information Nondiscrimination Act (GINA). The regulations are available at: http://edocket.access.gpo.gov/2010/pdf/2010-28011.pdf. As we previously outlined when the Act was first passed, Title II of GINA prohibits employers from making employment decisions on the basis of genetic information and family history. This statute also prohibits employers from acquiring genetic information and family medical history about applicants, employees, and former employees, subject to specific exceptions. (See our Legal Alert, Employers and Insurers Meet GINA – The Newest Addition to the Federal Discrimination Law Family, 05/23/2008, available on our web site at: http://www.fordharrison.com/shownews.aspx?show=3735.
While it's unlikely that employers are genetically screening applicants to create a workforce of "employees of the month," the implementation of the new regulations raises questions about some common employer practices that could be viewed as violating GINA.
Full Alert: http://www.fordharrison.com/shownews.aspx?Show=6744