Tuesday, January 18, 2011

GINA final rules effective January 10, 2011

Stinson Morrison Hecker LLP
January 6 2011

On November 8, 2010, the EEOC issued final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act (GINA) which is effective January 10, 2011. Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs - referred to as "covered entities") from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information. Following are two key provisions for employers to be aware of:

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