Yikes! Guess what, as of February 2012, employers will need to comply with more recordkeeping requirements. The Equal Employment Opportunity Commission (EEOC) issued a final rule pertaining to the Genetic Information Nondiscrimination Act (GINA), adding to the EEOC's already extensive recordkeeping requirements. Covered employers must now keep additional files for certain periods of time. What the heck is GINA, you ask? Although it is a blog topic for another day, simply put, it is a federal law that protects individuals against discrimination based on their genetic information when it comes to employment or health care.
The new rule takes effect on April 3, 2012. So, Mr. and Ms. Employer, does this apply to you? It does if you have 15 or more employees or are an employment agency, a labor union, a joint labor-management training program, or a federal employer. Covered employers will now have to
- Retain all personnel and employment records for one year from the date the record was made
- Retain all personnel and employment records for fired employees for one year from the date of termination
- Retain all records relating to a discrimination charge or if a civil action has been brought by the EEOC or an Attorney General until final disposition of the charge or action
Overwhelmed? Well, employers covered by Title VII and the Americans with Disabilities Act should already be keeping these records! The only new requirement is that employers retain records pertaining to a GINA discrimination charge until that charge is resolved. So, instead of a new file cabinet, employers will simply need a new file folder.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
