Final rule extends ADA, Title VII recordkeeping requirements to GINA
Posted February 4, 2012
The Equal Employment Opportunity Commission (EEOC) has extended 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).
Title II of GINA protects job applicants, current and former employees, labor union members, and apprentices and trainees from discrimination based on their genetic information. Title II of GINA’s coverage corresponds with that of Title VII of the Civil Rights Act of 1964, as amended, covering employers with 15 or more employees, employment agencies, labor unions, and joint labor-management training programs, as well as federal-sector employers.
On February 3, the EEOC published in the Federal Register a final rule amending its recordkeeping regulations to add references to GINA. The changes impose the same record-retention requirements under GINA that are imposed 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). The EEOC proposal does not impose any reporting requirements, nor does it require the creation of any documents.
The rule is effective April 3, 2012.
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