EEOC Issues Final Rule Extending Title VII and ADA Recordkeeping Requirements to GINA | Practical Law

EEOC Issues Final Rule Extending Title VII and ADA Recordkeeping Requirements to GINA | Practical Law

The Equal Employment Opportunity Commission (EEOC) issued a final rule extending the recordkeeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 (ADA) to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA).

EEOC Issues Final Rule Extending Title VII and ADA Recordkeeping Requirements to GINA

by PLC Labor & Employment and PLC Employee Benefits & Executive Compensation
Published on 02 Feb 2012 • USA (National/Federal)
The Equal Employment Opportunity Commission (EEOC) issued a final rule extending the recordkeeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 (ADA) to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA).
On February 2, 2012, the EEOC issued a final rule extending the existing recordkeeping requirements under Title VII and the ADA to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). Published in the Federal Register on February 3, 2012, the final rule takes effect on April 3, 2012.
Private employers with 15 or more employees, employment agencies, labor unions and joint labor-management training programs must retain all personnel and employment records made or used in the course of their business for one year from the date the record is made or personnel action is taken, whichever is later. These types of documents include, but are not limited to:
  • Requests for reasonable accommodation.
  • Application forms.
  • Hiring, promotion, demotion, transfer, layoff and termination records.
  • Records on pay rates compensation, tenure, selection for training or apprenticeship, and other terms of employment.
Records of an involuntarily terminated employee must be kept for one year from the date of termination. Employers must retain all records relevant to charges filed under GINA until their final disposition. For more information on discrimination generally, see Practice Note, Discrimination: Overview. For resources on managing employee disabilities or disability discrimination claims, see the Employee Disability Toolkit.