Last month, the EEOC issued a notice of proposed rulemaking that would extend existing recordkeeping requirements under Title VII and the Americans With Disabilities Act (“ADA”) to employers covered by the Genetic Information Nondiscrimination Act of 2008 (“GINA”).

This is not the first time the EEOC has borrowed from these statutes to regulate GINA, so it is likely that the proposed changes will take place.

Like Title VII and the ADA, GINA covers employers with 15 or more employees and prohibits employment discrimination based upon genetic information.  Covered employers include employment agencies, labor unions, joint labor-management training programs, and Federal sector employers.  The nondiscrimination provisions extend to current and former employees, applicants, trainees, apprentices, and labor union members.

The recordkeeping regulations under the ADA and Title VII which will be extended to GINA require covered employers to maintain all employment and personnel records for one year.  All records relating to a charge under Title VII or the ADA must be maintained until the charge is resolved, even if the time extends beyond a year.

Employers are not required to create any new documents as a result of the rule.  In fact, the proposed rulemaking would not impose any reporting regulations either.  Of course, the door remains open for the EEOC to issue such regulations in the future if necessary.

Vanessa Towarnicky's primary focus is in the area of labor and employment law. She has been involved in representing clients in various employment cases, including sexual harassment; deliberate intent; age, race, and disability discrimination; wrongful discharge; and various other employment-related torts. She is admitted to various state and federal courts as well as the Third Circuit Court of Appeals and Fourth Circuit Court of Appeals.
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