GINA: It’s More Than Just a Pretty Name


The employment-related provisions (Title II) of the Genetic Information Non-Discrimination Act of 2008 took effect November 21, 2009. Although the Equal Employment Opportunity Commission, which enforces the GINA, issued proposed regulations in March 2009, the final regulations were issued only last week. They will take effect January 10, 2011.

The GINA appears eminently reasonable on its face, but it is riddled with traps and technicalities that could create problems for inattentive employers.

In general, “GINA prohibits use of genetic information in employment decisionmaking, restricts acquisition of genetic information, requires that genetic information be maintained as a confidential medical record, and places strict limits on disclosure of genetic information.” Although this sounds unremarkable, an individual’s family history is considered “genetic information.” Thus, an essential part of most medical examinations is generally off-limits.

Please see full article 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.

© Constangy, Brooks, Smith & Prophete, LLP | Attorney Advertising

Written by:


Constangy, Brooks, Smith & Prophete, LLP on:

Readers' Choice 2017
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.

Already signed up? Log in here

*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.