Effective January 10, 2011, the EEOC's final regulations implementing the employment provisions of Title II of the Genetic Information Nondiscrimination Act of 2008 ("GINA") go into effect. Key provisions of the final regulations include: (1) clarification that no specific intent to acquire genetic information is required in order to establish a GINA violation; (2) creation of a "safe harbor" exception for employers who put respondents to requests for medical information on notice of GINA (the regulations provide an example of specified language that can be used to give notice); and (3) clarification that while general inquiries about health or well-being by supervisors/managers (such as "How are you?;" "How is your son?;" "Did they catch it early?") are not prohibited in causal conversations or social media interactions, follow-up probing questions (such as "Do other family members have the same condition?" or "Have you been tested for the condition?") are prohibited by GINA.
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact email@example.com or call Lexology Customer Services on +44 20 7234 0606.
EEOC finalizes GINA regulations
If you are interested in submitting an article to Lexology, please contact Andrew Teague at firstname.lastname@example.org.
“I enjoy the CLANZ newsstand and find it highly relevant to my job. I definitely have forwarded various articles to my colleagues on occasion where there is a point of general interest, particularly employment or IT law. I...
“I enjoy the CLANZ newsstand and find it highly relevant to my job. I definitely have forwarded various articles to my colleagues on occasion where there is a point of general interest, particularly employment or IT law. I really appreciate the service, it's a quick way for me to keep up to date in a way I wouldn't otherwise have time to.”