Employment Law Update: Final GINA Regulations in Effect

A recent employment update from law firm Venable LLP reminds us that as of January 10, 2011, final rules of Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) are in effect:

“So as the new year begins, employers should become familiar with the regulations and take certain steps aimed at making their policies and procedures GINA-compliant….

…The GINA regulations define “genetic information” broadly to include: genetic tests of an individual or the individual’s family members; manifestation of a disease or disorder in an individual’s family members (i.e. “family medical history”); an individual’s request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual; and the genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology. Employers need to take heed of this expansive definition, so that they can readily recognize the types of information covered.”

Read Venable’s full update here: EEOC’s Final GINA Regulations to Take Effect and Impact Employers

In preparation for the latest implementation of GINA rules, we prepared a JD Supra legal reading list in which law firms outline the regulations in general, and these latest updates specifically. Reference those docs here:

Genetic Information Nondiscrimination Act: What Lawyers Are Saying

also see from earlier in the year the following reading list:

Genetic Information Nondiscrimination Act of 2008 (GINA)