Oct 28, 2009

Posting Requirements for GINA

The Equal Employment Opportunity Commission (“EEOC”) approved a proposed final rule to implement the employment title of the Genetic Information Nondiscrimination Act “GINA”), that goes into effect on November 21, 2009. GINA restricts employers’ acquisition and disclosure of employees’ genetic information, and it prohibits discrimination in employment based on employees’ genetic conditions or predisposition to certain diseases.

The proposed regulation states that covered entities will be required to post notices in conspicuous places describing GINA’s applicable provisions. This posting requirement applies to all employers covered by Title VII, without regard to whether such employers conduct genetic testing.

The mandatory posting should be available on the U.S. Department of Labor and EEOC websites prior to November 21, 2009. At that time, employers can download the posting at no charge.

To learn more about this posting requirement or if you have questions regarding these regulations, be sure to contact your employment counsel at Smith, Gambrell & Russell, LLP.

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