NEW RECORDKEEPING REQUIREMENTS FOR EMPLOYERS COVERED BY GINA
Under a new rule issued by the Equal Employment Opportunity Commission (“EEOC”), employers covered by Title II of the Genetic Information Nondiscrimination Act (“GINA”) (employers with fifteen or more employees) will be required to maintain personnel and employment records for the same period of time specified under Title VII and Americans with Disabilities Act (“ADA”) regulations. Under current Title VII and ADA regulations, private employers must preserve personnel or employment records for one year from the date of the making of the record or the personnel action involved. In the case of involuntary termination, personnel records must be kept for one year from the date of termination. When a charge of discrimination has been filed, the employer must preserve personnel records relevant to the charge until the expiration of the statutory period within which the employee may initiate litigation.
Because the new rule does not require the creation of any new records, the EEOC states that “the only employers who may be subject to an increased burden [under the new rule] are those existing firms that become parties to charges filed under GINA and must therefore ensure that relevant records are retained until the final disposition of the GINA charges.”
If you have questions about maintenance of workplace records, please contact a member of Oppenheimer’s Labor & Employment Group.
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