The EEOC has issued a new poster to reflect, among other recent
changes, the Genetic Information Non-Discrimination Act
requirements. The GINA took effect on November 21, 2009.
The employment-related provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA) took effect on November 21, 2009. The employment-related aspects of the law, found in Title II of GINA, are enforced by the U.S. Equal Employment Opportunity Commission. Although the EEOC has yet to finalize implementing regulations, the agency has published a new nondiscrimination poster that incorporates the new information about GINA. Employers should currently be using the new poster or a supplement.
Congress has done it again. The new Genetic Information Nondiscrimination Act ("GINA") prohibits discrimination against employees and job applicants on the basis of "genetic information". This law was signed into law by President Bush on May 21, 2008 and became effective on November 21, 2009. We have prepared this FAQ to familiarize you with the new law and the many obligations it imposes on employers.
Although Equal Employment Opportunity Commission (EEOC)
regulations on the Genetic Information Nondiscrimination Act (GINA) are
promised (the proposed regs were published back in March 2009 and the
comment period has been closed since May 2009), they have yet to be
issued, leaving you on your own to interpret this brand- new statute. One
area that presents an interesting question is the role of social media in
GINA claims.
I had the pleasure of speaking to the Delaware SHRM membership last night on the topic of GINA, the new federal law protecting against discrimination based on genetic information. It was a great audience, and a topic of considerable interest. My handout is below.
Many employers with wellness program that use health risk assessments will have to modify their assessments to avoid running afoul of the Genetic Information Nondiscrimination Act of 2008 (GINA), under final interim regulations set to appear in the Federal Register on October 7, 2009.
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