by Brian L. McDermott, Esq.
The EEOC has published its final regulations implementing Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). They take effect on Jan. 10.
GINA was founded on the concern that advancements in the field of genetics could lead to the misuse of genetic information to discriminate against individuals in health insurance and employment.
Title I of GINA generally prohibits discrimination in group premiums and limits the use of genetic testing and collection of genetic information in group health plan coverage. Title II of GINA prohibits the use of genetic information in the employment context.
The new regulations clarify when employers may be liable for acquiring genetic information. Broadly, that includes information about an individual’s or family member’s genetic tests, family medical histories, receipt of genetic services or the genetic information of a fetus or embryo of an i...(register to read more)
- Warn bosses: Don't promise job if they don't have the authority
- Apply personal touch to firings; don't use e-mail
- Investigate harassment even if employee complains belatedly
- Courts give employers benefit of doubt: Not all 'unfair' treatment is discrimination
- Don't be swayed by the top 9 excuses for harassment