ADVANTAGES

Title II of GINA generally prohibits employers from requesting, requiring, or purchasing, an applicant's or employee's genetic information, even if it is never used. In addition to asking an applicant or employee directly about geneticinformation, the EEOC's final rule says that a "request" for genetic information may include actions such as conducting an Internet search on an individual in a way that is likely to result in a covered entity obtaining genetic information; activelylistening to third-party conversations or searching an individual's personal effects for the purpose of obtaining genetic information; and making requests for information about an individual's current health status in a way that is likely to resultin a covered entity obtaining genetic information.

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