The long awaited final Title II regulations under the Genetic Information Nondiscrimination Act (GINA) will be issued tomorrow, November 9, 2010. The Equal Employment Opportunity Commission published proposed regulations under Title II of GINA on March 2, 2009. A period of public comment followed. The final regulations will have an impact on a number of employment practices, including wellness programs. We will be reviewing these regulations together with our Disability, Leave and Health Management Group, as well as our Employee Benefits Group. This guidance is welcomed news as litigation concerning GINA in the workplace has already commenced.

In general, Title II of GINA prohibits use of genetic information in the employment context, restricts
employers and other entities covered by Title II from requesting, requiring, or purchasing genetic
information, and strictly limits such entities from disclosing genetic information. The law
incorporates by reference many of the familiar definitions, remedies, and procedures from Title
VII of the Civil Rights Act of 1964, as amended, and other statutes protecting federal, state, and
Congressional employees from discrimination.