Wyatt Employment Law Report

Genetic Information Nondiscrimination Act Takes Effect; Final Regulations Under Review

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By Michelle D. Wyrick

Title II of the Genetic Information Nondiscrimination Act (“GINA”) became effective on November 21, 2009.  Title II of GINA prohibits the use of genetic information in making employment decisions, limits employers’ acquisition and disclosure of genetic information, and prohibits retaliation against individuals who oppose actions made unlawful by GINA or who participate in proceedings to protect their rights under GINA.  The same remedies available under Title VII of the Civil Rights Act, including compensatory and punitive damages, are available under Title II of GINA.  According to a press release from the Equal Employment Opportunity Commission (“EEOC”), which is charged with enforcing Title II of GINA, final regulations implementing Title II of GINA are currently under review by the Office of Management and Budget and will be issued after the review process is completed.

Author: Kim Koratsky

Labor & employment lawyer with the Memphis, Tennessee office of Wyatt, Tarrant & Combs, LLP

Leave a reply. Please note that although this blog may be helpful in informing clients and others who have an interest in information privacy and security, it is not intended to be legal advice. The information on this blog also should not be relied upon to form an attorney-client relationship.

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