EEOC Issues Final Regulations Regarding the Genetic Information Nondiscrimination Act

/ 11/28/2010

The Equal Employment Opportunity Commission (“EEOC”) recently issued final regulations regarding the Genetic Information Nondiscrimination Act of 2008 (“GINA”).  GINA prohibits an employer from discriminating against an employee because of the employee’s genetic information.  Specifically, GINA prohibits an employer from using genetic information when making employment decisions, restricts an employer from acquiring certain genetic information about its employees, imposes confidentiality requirements on an employer who acquires employees’ genetic information and prohibits an employer from retaliating against an employee who participates in proceedings pursuant to GINA or who opposes actions made illegal by GINA.  Employees who have been discriminated against or retaliated against in violation of GINA may seek remedies in court similar to those remedies provided under Title VII of the Civil Rights Act of 1964.

The final regulations were drafted to ensure that employers have clear guidance concerning GINA’s implementation.  More information is available on the EEOC’s website at

Dallas, Texas employment lawyer Keith Clouse suggests that employers update employee handbooks, posters, job application forms, training programs, internal documents and other materials to reflect compliance with GINA.  For assistance with complying with GINA, contact Mr. Clouse or another employment law attorney at Clouse Dunn Khoshbin LLP at [email protected].

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Clouse Dunn
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