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Recently, the EEOC implemented a rule requiring that employers retain all personnel and employment records for potential investigations into compliance with GINA. Title II prohibits discrimination against employees or applicants on the basis of genetic information. Specifically,employers may not request, require, purchase or disclose the genetic information of an applicant or employee, except under very limited exceptions.
The EEOC’s new rule took effect on April 3, 2012, but existing employers with 15 or more employees do not need to create any new documents. Nor does the rule impose a reporting requirement. The retention requirements will be as follows:
- Private employers must maintain personnel and employment records for one year.
- Educational institutions and governments must retain such records for two years.
- Labor unions must retain all membership and referral records for one year.
Apprenticeship committees must retain all apprenticeship records for two years.Further, if an employee files a charge of discrimination under GINA, the employer must retain all records relating to the charge until the action is complete. Employers should note that this record retention requirement is the same as under the Title VII regulations, so this rule will not place a heavy additional burden on employers.
[1] All forms can be found at http://www.dol.gov/whd/fmla/.
[2] 29 C.F.R. § 1635.8(b)(1)(B).
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