The U.S. Equal Employment Opportunity Commission (EEOC) has issued a proposed rule to extend its existing recordkeeping requirements under Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA).
What is GINA?
Title II of GINA, which applies to all employers with 15 or more employees, prohibits employment discrimination based on genetic information. Title II became effective on November 21, 2009.
What are the existing recordkeeping requirements under Title VII and the ADA?
EEOC has issued recordkeeping regulations under Title VII and the ADA which require all covered entities to maintain all employment and personnel records they make or keep for a period of one year and all records relevant to a Title VII or ADA charge until the charge is resolved. The proposed revision will extend these same requirements to records relevant to a GINA charge.
Does the proposed rule require reports or the creation of new documents?
Neither EEOC's existing recordkeeping regulations nor this proposal requires creation of any documents. The proposed change would impose the same record retention requirements under GINA that are imposed under Title VII and the ADA—that is, any records made or kept must be retained for the period of time specified in the Title VII and ADA regulations. The EEOC proposal does not impose any reporting requirements under GINA, but reserves the right in the future to issue reporting regulations as may be necessary to accomplish the purposes of GINA.