Employment Discrimination-Title II of the Genetic Information Nondiscrimination Act of 2008

Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II (employment agencies, labor organizations and joint labor-management training and apprenticeship programs) from requesting, requiring or purchasing genetic
information, and strictly limits the disclosure of genetic information.

Title II of GINA also prohibits retaliation against applicants or employees for filing a charge of discrimination, participating in a discrimination proceeding (such as a discrimination investigation or lawsuit), or otherwise opposing discrimination.

Genetic information includes information about an individual?s genetic tests and the genetic tests of an individual?s family members, as well as information about the manifestation of a disease or disorder in an individual?s family members (i.e.

family medical history).

Genetic information also includes an individual's request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual, and the genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology.

Agency - Equal Employment Opportunity Commission

Office - See Regional Agency Offices.
Website Address

http://www.eeoc.gov




Program Accomplishments

Fiscal Year 2016: In fiscal year 2016, EEOC field legal units filed 86 merits lawsuits, including 58 individual suits, 11 non-systemic suits with multiple victims, and 18 systemic suits. Merits lawsuits are direct suits or interventions alleging violations of the substantive provisions of the statutes enforced by EEOC and suits to enforce administrative settlements. These merits filings alleged violations covering a wide variety of bases, including disability (35), sex (25), retaliation (24), race (10), religion (6), national origin (5), age (2), and genetic information (2). The issues raised most frequently in these suits were discharge (48), hiring (22), reasonable accommodation (17), and harassment (11). At the end of fiscal year 2016, EEOC had 166 cases on its active district court docket, of which 30 (18.1 percent) were non-systemic multiple victim cases and 47 (28.3 percent) involved challenges to systemic discrimination. The agency also filed 27 subpoena enforcement actions. EEOC?s legal staff resolved 138 merits lawsuits in the federal district courts for a total monetary recovery of $53.7 million. EEOC achieved a favorable resolution in 90.6 percent of all district court resolutions. A total of 8,489 individuals received monetary relief as a direct result of EEOC lawsuit resolutions. The Commission also resolved 32 subpoena enforcement actions during the fiscal year. Fiscal Year 2016: EEOC received 91,503 charges alleging discrimination in employment, resolved 97,443 charges and obtained monetary benefits of $348 million. Fiscal Year 2017: No Current Data Available; Fiscal Year 2018: No Current Data Available. Fiscal Year 2017: No Current Data Available Fiscal Year 2018: No Current Data Available

Uses and Use Restrictions

Individuals are protected from discrimination on the basis of genetic information by employers with 15 or more employees, federal agencies, employment agencies, labor organizations, and joint labor-management training and apprenticeship programs.

The EEOC has an assessment tool, available at https://egov.eeoc.gov/eas/, to enable individuals to determine whether EEOC is the appropriate agency to contact regarding discrimination, harassment, or retaliation at the hands of a private sector employer or state or local government.

Charges of discriminatory employment practices by a private sector employer or a state or local government can be filed by or on behalf of an individual or group of individuals claiming to be aggrieved.

Mediation may be offered to the parties involved.

If mediation is not used or is not successful, an investigation may ensue.

If, after its investigation, the Commission determines that there is reasonable cause to believe that discrimination has occurred, it will attempt to resolve the charge informally through conciliation.

If conciliation proves to be unsuccessful and the employer is not a state or local government, the Commission may bring a civil action against the respondent(s) named in the charge or issue a right to sue letter to the party who filed the charge, giving him or her the right to file a civil action in federal court.

If conciliation fails on a charge against a state or local government, EEOC refers the case to the Department of Justice for consideration of litigation or issuance of a right to sue letter.

If based upon its investigation, the EEOC is unable to conclude that the information obtained establishes violations of the statutes, the charge is dismissed and the charging party is issued a Notice of Right to Sue.

This does not certify that the respondent is in compliance with the statutes.

Eligibility Requirements

Applicant Eligibility

Any aggrieved individual, or any individual, labor union, association, legal representative, or organization filing on behalf of an aggrieved individual, who has reason to believe that an unlawful employment practice within the meaning of Title II of GINA has been committed by an employer, federal agency, an employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, or on-the-job training programs.

Any aggrieved individual who believes that he or she has been retaliated against for opposing employment practices that discriminate on the basis of genetic information or who files a charge of discrimination, testifies, or participates in any way in an investigation, proceeding, or litigation under Title II of GINA.

Beneficiary Eligibility

Applicants, current employees, or former employees of the named respondent(s) who have been subjected to employment practices based on genetic information by the named respondent(s), and/or who have been subjected to retaliation for filing a charge of discrimination, opposing discrimination or participating in a Title II of GINA investigation, proceeding, or litigation.

Credentials/Documentation

A claim of unlawful employment practice(s) may be made in person, by mail, or by fax. An allegation must be in writing, signed, and verified; the charge may also need to be notarized when required by state or local laws. Charge forms (EEOC Form 5, Charge of Discrimination) are available to all persons from field offices of the Commission. Individuals may also consult EEOC?s website at http://www.eeoc.gov/employees/howtofile.cfm for detailed information about filing a charge. Federal government applicants or employees should consult EEOC?s website at http://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm for details about filing an employment discrimination complaint against a federal agency. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is not applicable.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. A charge may be filed by any aggrieved individual, any individual on behalf of an aggrieved individual, or by any organization, i.e., labor union, association, legal representative, etc., either as an aggrieved entity or on behalf of an aggrieved individual. Charges may be filed in person, by mail, or by fax at the nearest field office of the EEOC. Complaints against the federal government should be filed at the relevant agency?s EEO office. Each agency is required to post information about how to contact the agency's EEO office.

Award Procedures

A charge is sufficient when the Commission receives from the person making the charge a written signed statement that includes an allegation of discrimination, the name(s) of the parties involved, and a request that the EEOC act to protect the applicant or employee?s rights or otherwise settle a dispute between the applicant or employee and the employer.

Deadlines

Not Applicable.

Authorization

The Genetic Information Nondiscrimination Act of 2008, Title II, Public Law 110-233, 42 U.S.C 2000ff.

Range of Approval/Disapproval Time

Title II of GINA requires that charges be filed within 180 days of the date of the alleged violation, within 300 days if the charge is also covered by a state or local anti-discrimination law, or within 30 days of receipt of notice of termination of state or local proceedings, whichever is earlier. If the evidence does not establish that discrimination occurred, charging parties will be given written notice of their right to sue. A charging party may file a lawsuit within 90 days after receiving a notice of a right to sue from the EEOC. Under Title II of GINA, a charging party also can request a notice of right to sue from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. When a right to sue letter is issued at the request of the charging party, EEOC usually stops its investigation. Federal job applicants or employees must generally contact the agency?s EEO Counselor within 45 days from the date the discrimination occurred.

Appeals

Not Applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory Formula: Title The Genetic Information Nondiscrimination Act of 2008, Chapter 29, Part 1635, Subpart N/A, Public Law 110 Stat.233; 42 U.S.C. 2000ff. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II from requesting, requiring or purchasing genetic information and strictly limits the disclosure of genetic information. This program has no matching requirements. This program does not have MOE requirements.

Length and Time Phasing of Assistance

Not Applicable. See the following for information on how assistance is awarded/released: Not Applicable.

Post Assistance Requirements

Reports

No reports are required.

Audits

No audits are required for this program.

Records

Not Applicable.

Financial Information

Account Identification

45-0100-0-1-751.

Obigations

(Salaries) FY 16 $364,500,000; FY 17 est $364,500,000; and FY 18 est $363,807,086

Range and Average of Financial Assistance

Not Applicable.

Regulations, Guidelines, and Literature

Publications are available on the EEOC website (www.eeoc.gov). To request documents in alternative formats (Braille, large print, etc), contact EEOC at (202) 663-4191/ (202) 663-4494 (TTY). Regulations include 29 CFR 1635: Regulations under the Genetic Information Nondiscrimination Act of 2008 and 29 CFR 1614: Federal Sector Equal Employment Opportunity. There are no enforcement guidances or policy documents discussing Title II of GINA. Technical assistance documents include: Background Information for EEOC Final Rule on Title II of the Genetic Information Nondiscrimination Act of 2008 and Questions and Answers for Small Businesses: Title II of the Genetic Information Nondiscrimination Act of 2008, both available at http://www.eeoc.gov/laws/types/genetic.cfm.

Information Contacts

Regional or Local Office

See Regional Agency Offices.

Headquarters Office

Office of Communication and Legislative Affairs 131 M Street, N.E., Washington, District of Columbia 20507 Phone: 202-663-4191/202-663-4494TTY

Criteria for Selecting Proposals

Not Applicable.



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Edited by: Michael Saunders

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