[nfbwatlk] GINA Notice of Proposed rule Making

Prows, Bennett (HHS/OCR) Bennett.Prows at HHS.GOV
Wed Feb 25 20:26:53 UTC 2009

Some on these lists might be interested in the notice of proposed rule
making from the EEOC concerning the new Genetic Information
Nondiscrimination Act.




Bennett Prows






~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~EEOC Seeks Public Comment
on Proposed Regulations Implementing Genetic Information
Nondiscrimination Act


Commission Embarks on Historic New Area of Jurisdiction



CONTACT: David Grinberg or Justine

Lisser, (202) 663-4191                      



TTY: (202) 663-4494



WASHINGTON - Embarking on a historic new area of jurisdiction, the U.S.
Equal Employment Opportunity Commission (EEOC) today presented a Notice
of Proposed Rule Making implementing employment provisions of the
Genetic Information Nondiscrimination Act of 2008 (GINA), and urged
public comment.


"The addition of genetic information

discrimination to the EEOC's mandate is

historic, and represents the first

legislative expansion of the EEOC's

jurisdiction since the Americans with

Disabilities Act passed in 1990," said Acting EEOC Chairman Stuart J.
Ishimaru.  "We welcome the opportunity to implement important provisions
of this landmark legislation, and to expand the promise of equal
opportunity in the workplace for everyone."


Acting EEOC Vice Chair Christine M. Griffin said, "GINA is an important
piece of legislation.  As a deliberative body, we want to ensure that
the intent of Congress is properly carried out through our regulations.

Public comment on this NPRM is a critical part of that process.  We look
forward to a vigorous and thoughtful review."


GINA, signed into law in May 2008, prohibits discrimination by health
insurers and employers based on people's genetic information.  The EEOC
is charged with issuing regulations by May 21 implementing Title II of
GINA, which prohibits the use of genetic information in employment,
prohibits the intentional acquisition of genetic information about
applicants and employees, and imposes strict confidentiality


The EEOC opened a 60-day public comment

period on the proposed rule-making at a

Commission meeting today.  Also at the

meeting, a panel of experts hailed GINA for allowing people to advance
their health care without risking their jobs.


"We know that in the past, patients have passed up genetic testing that
could benefit their health, and have gone to great lengths to keep
genetic information secret - even from their own doctors," said Susannah
Baruch, law and policy director of the Pew-supported Genetics and Public
Policy Center at Johns Hopkins University.  "With the passage of GINA
and its implementation, we welcome a new era.  There are many factors an
individual may consider in deciding whether to take a genetic test, but
the fear of discrimination must not be one of them."


Other panelists at today's meeting included:




*  Karen S. Elliott, attorney with Gregory Kaplan, PLC and member,
Society for Human Resource Management


*  Jeremy Gruber, president and executive Director, Council for
Responsible Genetics


*  Andrew J. Imparato, president and chief executive officer, American
Association of People with Disabilities


*  Rae T. Vann, general counsel, Equal

Employment Advisory Council


*  Christopher J. Kuczynski, assistant

legal counsel, ADA Policy Division, EEOC



The EEOC enforces federal laws prohibiting

employment discrimination.   Further

information about the EEOC is available on its Web site



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