By Michelle D. Wyrick
Title II of the Genetic Information Nondiscrimination Act (“GINA”) became effective on November 21, 2009. Title II of GINA prohibits the use of genetic information in making employment decisions, limits employers’ acquisition and disclosure of genetic information, and prohibits retaliation against individuals who oppose actions made unlawful by GINA or who participate in proceedings to protect their rights under GINA. The same remedies available under Title VII of the Civil Rights Act, including compensatory and punitive damages, are available under Title II of GINA. According to a press release from the Equal Employment Opportunity Commission (“EEOC”), which is charged with enforcing Title II of GINA, final regulations implementing Title II of GINA are currently under review by the Office of Management and Budget and will be issued after the review process is completed.