View Rule

Statement of Need: On May 21, 2008, the President signed into law the Genetic Information Nondiscrimination Act of 2008(GINA). Congress enacted GINA in recognition of, among many achievements in the field of genetics, the decoding of the human genome and the creation and increased use of genomic medicine. Many genetic tests now exist that can inform individuals whether they may be at risk for developing a specific disease or disorder. Congress enacted GINA to address public concerns regarding the potential for misuse of genetic information. GINA prohibits discrimination based on genetic information and restricting acquisition and disclosure of such information. In particular, Title II of the Act protects job applicants, current and former employees, labor union members, and apprentices and trainees from discrimination based on their genetic information. GINA prohibits use of, and limits acquisition and disclosure of, genetic information, whether acquired through genetic testing or from an individual's family medical history. It also places strict limits on the acquisition or disclosure of genetic information and requires that such information that is acquired be maintained in a confidential medical file, separate and apart from personnel information.

Summary of the Legal Basis: GINA section 211, 42 U.S.C. section 2000ff-10, requires the EEOC to issue regulations implementing Title II of the Act within one year of its enactment.

Alternatives: None: Congress mandated issuance of regulations.

Anticipated Costs and Benefits: The Commission does not anticipate that the rule will impose additional costs to employers. The Genetic Information Nondiscrimination Act does not impose any new employer reporting obligations or record keeping obligations.

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