3046-AB11 201710 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 rule amends 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). On August 22, 2017, the U.S. District Court for the District of Columbia ordered the EEOC to reconsider its regulations under GINA related to incentives and employer-sponsored wellness plans.  See AARP v. EEOC, Civ. Action No. 16-2113 (D.D.C. Aug. 22, 2017).  In accordance with the court’s ruling, the EEOC will consider and take actions to cure defects in the rule.  The final rule was published on May 17, 2016 (81 FR 31143) and completed in the fall 2016 agenda as RIN 3046-AB02.

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

The revision to 29 CFR 1635.8 is needed in accordance with the District Court’s ruling noted above.

]]>

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.  In May 2016, the EEOC issued an amendment to the regulations which dealt with the interaction between title II of GINA and wellness programs.  The U.S. District Court for the District of Columbia ordered the EEOC to reconsider these regulations in August 2017.  These new revisions are based on the court order, as well as the statutory requirement.

]]>

The EEOC will consider all alternatives offered by public commenters.

]]>

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 employers’ obligations under GINA. 

]]>

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

]]> NPRM 08/00/2018 NPRM Comment Period End 10/00/2018 Final Action 10/00/2019 No Businesses Governmental Jurisdictions Organizations Federal Local State No No No No 3046-AB02 Related to 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