Mondaq (02/15/12) Stephanie Aranyos

The U.S. Equal Employment Opportunity Commission recently published its final rule extending the recordkeeping requirements imposed under Title VII of the Civil Rights Act and the Americans with Disabilities Act to employers covered by Title II of the Genetic Information Nondiscrimination Act. This rule will take effect on April 3, 2012.

Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by covered employers and entities, and strictly limits the disclosure of genetic information. GINA covers employers with 15 or more employees, employment firms, and federal sector employers.

The EEOC’s final rule imposes the same record retention requirements mandated under Title VII and the ADA to GINA. Employers must retain all employment and personnel records for one year from the date created or the date the personnel action was taken, whichever is later. All records relating to a charge filed under GINA must be maintained until final disposition of the charge.