On November 9, 2010, the Equal Employment Opportunity Commission published final regulations implementing Title II of the federal Genetic Information Nondiscrimination Act (GINA). As we previously outlined when the Act was first passed, Title II of GINA prohibits employers from making employment decisions on the basis of genetic information and family history. This statute also prohibits employers from acquiring genetic information and family medical history about applicants, employees, and former employees, subject to specific exceptions.

While it's unlikely that employers are genetically screening applicants to create a workforce of "employees of the month," the implementation of the new regulations raises questions about some common employer practices that could be viewed as violating GINA. Following is a general discussion of the way certain issues likely would be addressed under the new regulations.

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