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Comments on EEOC's GINA regulations
March 01, 2009 by Ross Runkel at LawMemo
On March 2, 2009 EEOC will officially publish its Proposed Regulations under the Genetic Information Nondiscrimination Act of 2008, a 58 page document. The 60 days public comments period closes on May 1, 2009.
Title II of the Genetic Information Nondiscrimination Act (GINA), effective November 21, 2009, will
- (1) prohibit employers from discriminating on the basis of genetic information.
- (2) prohibit employers from intentionally acquiring genetic information from employees or applicants.
- (3) impose strict confidentiality requirement on genetic information.
GINA and the EEOC regulations use six terms that are new to EEOC:
- Family member
- Family medical history
- Genetic information
- Genetic monitoring
- Genetic test
- Manifestation / Manifested
As for the prohibition against acquiring genetic information, there are six exceptions. EEOC is especially seeking public input on three of the exceptions:
- Information acquired in relation to a "voluntary wellness program." Specifically, what does "voluntary" mean?
- Information acquired from "documents that are commercially and publicly available." Specifically, shall the regs mention personal web sites, blogs, and social media sites (e.g., Facebook, Twitter)?
- DNA testing for law enforcement purposes. The proposal states: "The EEOC invites comments on the impact of this exception on law enforcement."
Other comments available:
EEOC Publishes Proposed GINA Regulations by Washington Labor and Employment Wire.
Text of Proposed EEOC Regulations on GINA Now Available by Connecticut Employment Law Blog.
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