Last week, the Equal Employment Opportunity Commission (EEOC) published a final rule that extends its existing recordkeeping requirements under title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) to entities covered by title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information.
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Download NowThe final rule is effective April 3, 2012. The rule was published in the Federal Register on February 3, 2012.
According to the EEOC, the recordkeeping requirement does not require reporting or the creation of new documents by employers. Employers covered under GINA must maintain their employment records in the same way currently required under Title VII and the ADA.
In terms of retaining records, the only employers who may be subject to an increased burden are those existing firms that become parties to charges filed under GINA and must therefore ensure that relevant records are retained until the final disposition of the GINA charges, says the agency.
Like Title VII and the ADA, GINA covers all private employers, state and local governments, and education institutions with 15 or more employees. Also covered are private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.
For more information about GINA, visit the ADA topic section on HR.BLR.com or visit the GINA Resource Center.
The final rule is available online.