On November 9, 2010, the Equal Employment Opportunity Commission (the "EEOC") published final regulations (the "Regulations") implementing the employment provisions (Title II) of the Genetic Information Nondiscrimination Act of 2008 (“GINA”). Title II of GINA, which went into effect in November of 2009, prohibits employment discrimination based on genetic information, and restricts the acquisition and disclosure of genetic information. "Genetic information" is defined to include, among other things, information about individuals' genetic tests and the tests of their family members, family medical history, and requests for and receipt of genetic services by an individual or family member.
The Regulations were approved by a unanimous vote of the EEOC, and include clarifications and refinements made in response to comments received during the notice and comment period. The Regulations will take effect January 10, 2011.