This post provides an update for an earlier post on the use of incentives in wellness programs. The EEOC’s final rules interpreting Title II of the Genetic Information Nondiscrimination Act (GINA) had been anticipated in November, but the EEOC now intends to issue a final rule on  this month, according to its Semiannual Regulatory Agenda (pdf) released online yesterday.

Title II of GINA, which prohibits genetic information discrimination in employment, took effect on November 21, 2009. The regulation applies to employers with more than 15 employees. Under Title II it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II, and strictly limits the disclosure of genetic information.

The EEOC enforces Title II of GINA (dealing with genetic discrimination in employment). The Departments of Labor, Health and Human Services and the Treasury have responsibility for issuing regulations for Title I of GINA, which addresses the use of genetic information in health insurance.