Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) goes into effect for employers of 15 or more employees on November 21, 2009. On March 2, 2009, the EEOC issued its proposed regulations for public comment. The proposed regulations attempt to clarify the definition of genetic information and provide guidance both on the limitations on acquisition of genetic information and ways to limit disclosure of genetic information acquired. As some of these regulations may change employers' practices, employers should make sure that human resources personnel and managers are familiar with the provisions of Title II of GINA before the effective date.
For more information about this development, see Littler ASAP "Proposed Regulations Under Federal Genetic Information Nondiscrimination Act (GINA) Suggest Employer Action Now" by Margaret Hart Edwards, a shareholder in Littler's San Francisco office.