EEOC Issues Final Rule on Genetic Discrimination

Similarly, the rule clarifies that employers do not violate GINA by learning about an employee’s genetic history via a social networking site. According to the EEOC, the inadvertent exception applies to information posted on Facebook or other social networking platforms. However, an employer may not conduct an Internet search on an employee or prospective employee to obtain genetic information.

Commenters were also concerned over information disclosed while attempting to reach accommodation under the Americans with Disabilities Act or the Family and Medical Leave Act. The EEOC noted that such discussions could lead to disclosure of prohibited genetic information. The agency has provided sample language that employers can use that warns employees against disclosing genetic data. So long as an employer has provided this warning, any disclosure would be considered inadvertent.

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