GINA: EEOC Seeks Public Comment on Proposed Regulations Implementing Genetic Inf

[Guest guest]

Note to readers: The Center's law and policy director, nah

Baruch, testified today about the proposed regulations described in

the release below, which comes from the U.S. Equal Employment

Opportunity Commission. Please contact Rick Borchelt

(rborche1@...) or a (swilliams114@...) if you

would like additional information about GPPC's role in helping craft

regulations to implement the Genetic Information Nondiscrimination

Act, or visit our dedicated Project GINA Web site.

Commission Embarks on Historic New Area of Jurisdiction

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 M. 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 requirements.

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

nah Baruch, law and policy director of the Pew-supported

Genetics and Public Policy Center at s 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:

S. Elliott, attorney with Kaplan, PLC and member,

Society for Human Resource Management

Gruber, president and executive Director, Council for

Responsible Genetics

J. Imparato, president and chief executive officer, American

Association of People with Disabilities

Rae T. Vann, general counsel, Equal Employment Advisory Council

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.