GINA Record Keeping Regulations Take Effect April 3

On February 3, 2012, the EEOC extended its existing record keeping requirements beyond Title VII and the Americans with Disabilities Act (ADA) to include those employers covered by Title II of the Genetic Information Nondiscrimination Act (GINA).  GINA applies to employers with fifteen (15) or more employees and prohibits the use of “genetic information” in making employment decisions.  GINA also severely restricts an employer’s access to such genetic information, as well as an employer’s acquisition and distribution of genetic information and prohibits an employer for retaliating against an employee who complains about genetic discrimination.

Practically speaking, GINA’s new record keeping requirements are coextensive with those requirements already in place under Title VII and the ADA.  Under the new regulations, an employer is not required to create any documents, nor do they impose any additional reporting requirements.  Rather, the new regulations simply amend those record keeping requirements already in place under Title VII and the ADA by adding references to GINA.  Here is a brief reminder of what is required of employers:

• All employment and personnel records must be kept for one year from the date of the record or the personnel action taken.  Remember that in all cases of involuntary termination, those records must be kept for at least one year after the termination.
• For any claim or charge of discrimination filed with the EEOC or your State Human Rights Commission, and now including any claim alleging a GINA violation, employers must retain all records through final disposition of the charge or claim.

As always, don’t hesitate to contact us with any questions you may have about what records you are required to keep and for how long you must retain them under Title VII, the ADA or GINA.