February 23, 2012

GINA recordkeeping requirements set by EEOC

Posted in Discrimination, Genetic Information Non-discriminaton Act (GINA), Personnel Records, Record Retention tagged , , , , at 10:49 am by Tom Jacobson

The Equal Employment Opportunity Commission (EEOC) has extended the existing record-keeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) to employers covered by Title II of the Genetic Information Non-Disclosure Act (GINA).  The GINA requirements will go into effect on April 3, 2012.

The impact on employers should be minimal because, as noted by the EEOC in the Federal Register, “The final rule does not require the creation of any documents or impose any reporting requirements. It imposes the same record retention requirements under GINA that apply under Title VII and the ADA, i.e., any records made or kept must be retained for the period of time specified in the Title VII and ADA regulations.”  Private-sector employees with 15 or more employees and governmental employers are subject to Title VII, the ADA, and GINA.

What you need to know: Employers must be familiar with the myriad of recordkeeping requirements that apply in the workplace.  For a summary of the record retention requirements that exist under Title VII, the ADA, and now GINA, see the EEOC’s publication, Summary of Selected Recordkeeping Obligations in 29 CFR Part 1602. However, employers must also be aware that many other laws, including, but not limited to, the Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), Occupational Safety and Health Act (OSHA), and state personnel record laws have other recordkeeping requirements that must be followed.

For more information about this article, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2012 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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