GINA Subject to EEOC’s Recordkeeping and Reporting Requirements
On February 3, 2012, the Equal Employment Opportunity Commission issued a final regulation relating to recordkeeping and reporting requirements by covered employers subject to the Genetic Information Nondiscrimination Act of 2008 (GINA). This regulation, which takes effect April 3, 2012, makes GINA subject to the same recordkeeping and reporting requirements imposed by Title VII of the Civil Rights Act and the Americans with Disabilities Act.
In a nutshell, the EEOC’s recordkeeping rules require covered employers to retain certain employment-related records made or used during the course of their business. Personnel and employment records, such as application forms or requests for reasonable accommodation, and employment records relating to hiring, promotion, demotion, transfer, compensation, tenure, etc., must be kept for certain periods of time. Private employers must retain these records for a period of one year from the date of making the record, or the personnel action, whichever occurs first. If the record relates to an involuntary termination of employment, the record must be retained for one year from the date of the termination. For educational institutions and state and local government entities, the period for retaining records is two years from the later of the date of making the record or personnel action; or, the date of involuntary termination. Records relating to a charge of discrimination must be kept by all covered employers until final resolution of the charge or action.
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