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EEOC RIN: 3046-AB11 Publication ID: Fall 2017 
Title: ●Amendments to Regulations Under the Genetic Information Nondiscrimination Act of 2008 
Abstract:

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.

 
Agency: Equal Employment Opportunity Commission(EEOC)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 29 CFR 1635   
Legal Authority: 42 U.S.C. 2000ff   
Legal Deadline:  None

Statement of Need:

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

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. 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.

Alternatives:

The EEOC will consider all alternatives offered by public commenters.

Anticipated Costs and Benefits:

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. 

Risks:

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

Timetable:
Action Date FR Cite
NPRM  08/00/2018 
NPRM Comment Period End  10/00/2018 
Final Action  10/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Related to 3046-AB02 
Agency Contact:
Christopher Kuczynski
Assistant Legal Counsel, Office of Legal Counsel
Equal Employment Opportunity Commission
131 M Street NE,
Washington, DC 20507
Phone:202 663-4665
TDD Phone:202 663-7026
Fax:202 653-6034
Email: christopher.kuczynski@eeoc.gov

Kerry Leibig
Senior Attorney Advisor, Office of Legal Counsel
Equal Employment Opportunity Commission
131 M Street NE,
Washington, DC 20507
Phone:202 663-4516
Fax:202 653-6034
Email: kerry.leibig@eeoc.gov