On November 9, 2010, the Equal Employment Opportunity Commission ("EEOC") published its final rule implementing Title II of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). The final rule provides detailed information and clarification on what GINA covers and prohibits. For example, the final rule provides guidance on the meaning of many of GINA's definitions and describes what kinds of practices are prohibited. The final rule also defines what kinds of acquisitions of genetic information are permitted and elaborates on the enforcement mechanisms and remedies available to employees and others covered by GINA. The final rule further clarifies the relationship of GINA to other federal, state, or local laws that relate to the handling of genetic information and elucidates the record keeping requirements required under GINA. The final rule becomes effective on January 10, 2011.

Please see our prior newsletter regarding GINA for further information regarding the act.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.