3046-AB02 201510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 3046 Equal Employment Opportunity Commission EEOC Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008

This proposed rule would amend the regulations on the Genetic Information Nondiscrimination Act of 2008 to address inducements to employees' spouses or other family members who respond to questions about their current or past medical conditions on health risk assessments (HRA). This Notice of Proposed Rulemaking will also correct a typographical error in the rule's discussion of wellness programs and add references to the Affordable Care Act, where appropriate.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 29 CFR 1635 42 U.S.C. 2000ff Yes

The revision to 29 CFR 1635.8 is needed to address numerous inquiries received by EEOC about whether an employer will violate the Genetic Information Nondiscrimination Act (GINA) of 2008 by offering an employee a financial inducement if the employee's family member completes an HRA that asks about the family member's current health status. Technical amendments are also needed to correct a typographical error and to include references to the ACA, where appropriate.

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GINA, section 211, 42 U.S.C. section 2000ff-10, requires the EEOC to issue regulations implementing title II of the Act. The EEOC issued regulations on November 9, 2010. These proposed revisions are based on that statutory requirement.

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The EEOC will consider all alternatives offered by public commenters.

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Based on the information currently available, the Commission does not anticipate that the rule will impose additional costs on employers, beyond minimal costs to train human resource professionals. The regulation does not impose any new employer reporting or recordkeeping obligations. We anticipate that the changes will benefit entities covered by title II of GINA by clarifying that employers who offer wellness programs are free to adopt a certain type of inducement without violating GINA, as well as correcting an internal citation, and providing citations to the ACA.

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The proposed rule imposes no new or additional risks to employers. The proposal does not address risks to public safety or the environment.

]]> NPRM 10/30/2015 80 FR 66853 NPRM Comment Period End 12/29/2015 Final Action 02/00/2016 No Businesses Governmental Jurisdictions Organizations Federal Local State No No No No Christopher Kuczynski Assistant Legal Counsel, Office of Legal Counsel 3046 202 663-4665 202 663-7026 202 653-6034 christopher.kuczynski@eeoc.gov 131 M Street NE, Washington DC 20507 Kerry Leibig Senior Attorney Advisor, Office of Legal Counsel 3046 202 663-4516 202 653-6056 kerry.leibig@eeoc.gov 131 M Street NE, Washington DC 20507