Final GINA Recordkeeping Rule Issued

On February 12, 2012, the EEOC issued its final recordkeeping rule for the federal Genetic Information Nondiscrimination Act (GINA). This rule will take effect on April 3, 2012.

The new recordkeeping rule (first proposed last June) requires employers to take the following steps:

• Any personnel or employment record made or kept by an employer must be preserved by the employer for a period of one year from the date of the making of the record or the personnel action involved, whichever occurs later. In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of one year from the date of termination.
• Where a charge of discrimination has been filed, or an action brought by the EEOC or the U.S. Attorney General, against an employer under GINA, the employer must preserve all personnel records relevant to the charge or action until final disposition of the charge or the action.

The same exact requirements already exist under Title VII and the ADA. The final regulations “do not require employers to create any records and do not impose any reporting requirements, but merely require employers to maintain the records that they do create.”

GINA prohibits employers from discriminating against employees or applicants because of genetic information. California law also prohibits discrimination on the basis of an employee's genetic information or genetic characteristics.

Gail Cecchettini Whaley, CalChamber Employment Law Editor/Staff Counsel

Sign up for CalChamber's live Recordkeeping 101 webinar on March 15, 2012:

• Presented by two top CalChamber legal counsel with employment law expertise
• Option to submit questions during the live event
• Live webinar attendees receive downloadable webinar slides