FROM THE NEWSROOM: EEOC’S NEW GINA PROPOSAL
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.