HR Management & Compliance

EEOC Finalizes Employer Recordkeeping Rules Under GINA

The Equal Employment Opportunity Commission has long required employers subject to Title VII and the Americans With Disabilities Act to retain employment records, and now the same is required for those subject to the Genetic Information Nondiscrimination Act.

In final rules released Feb. 3, the commission amended its recordkeeping regulations to include employers covered by the Genetic Information Nondiscrimination Act, effective April 3.

Employers subject to these laws must retain personnel or employment records for one year from the date they were made or the date the personnel action was taken, whichever is later. Additionally, records relevant to charges filed under Title VII, the ADA or GINA must be kept until those claims are fully resolved.

The addition was proposed last summer and the commission  received only one comment, which expressed support for the proposed changes, according to the EEOC.

The change does not impose new recordkeeping requirements on employers. The only employers who may be subject to an increased burden are those that become parties to charges filed under GINA. They will be required to retain all relevant records until final disposition of the GINA charges, the EEOC said.

GINA applies to employers with 15 or more employees, employment agencies, labor unions, joint labor-management programs and federal employers.

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