The Latest On GINA


The new regulations issued by the EEOC under the Genetic Information Nondiscrimination Act of 2008 (GINA) became effective on January 10, 2011. The regulations make clear that the law protects applicants, current and former employees, trainees, and apprentices. The EEOC has already received hundreds of charges alleging violations of GINA. Employers must now post new information and take other steps to comply, including the use of "safe harbor" language when requesting health-related information from an employee or healthcare provider.

"But We Don't Collect Genetic Information, So Who Cares?"

Many employers mistakenly believe that they will not likely be affected by the new law to any great extent. But the broadly written regulations point out that due to the "many achievements in the field of genetics, the decoding of the human genome and the creation and increased use of genomic medicine" there is great potential for discrimination and misuse of genetic information by employers. Title I of the law applies to group health plans sponsored by employers. Title II prohibits the use of genetic information by employers, restricts employer requests for genetic information and strictly limits disclosure of genetic information.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fisher & Phillips LLP | Attorney Advertising

Written by:


Fisher & Phillips LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.