Jonathan F. (Jon) Duncan, Friday, November 12, 2010 | Filed under: Non-discrimination
On May 21, 2008, President George W. Bush signed into law the Genetic Information Nondiscrimination Act ("GINA"). In adopting GINA, Congress noted the achievements in genetic research and the potential benefits to medicine. However, Congress was also mindful about potential misuses of genetic information in health insurance and employment. GINA addresses these concerns by prohibiting discrimination based on genetic information and restricting aquisition and disclosure of such information.
GINA required the EEOC to promulgate implementing regulations. The EEOC issued proposed regulations on March 2, 2009 and sought comment from the public. Comments were also solicited at a public hearing attended by interested stakeholders. The EEOC has now issued their
final regulations, which become effective January 10, 2011. Like many administrative regulations, these regulations track the statute closely and provide clarification of unique terms and provisions. The regulations provide additional background about the statute and are designed to capture the intent of Congress. The EEOC's
press release also provides insight into the the new regulations which may prove helpful to school administrators.