EEOC Issues Final Rule on Genetic Information Nondiscrimination Act Records

The federal Equal Employment Opportunity Commission on Friday issued a final rule, effective April 3, that imposes the same record retention requirements under the Genetic Information Nondiscrimination Act that apply under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.

“The final rule does not require the creation of any documents or impose any reporting requirements,” the EEOC said in Friday’s Federal Register. The rule says employers would be required to maintain all relevant employment and personnel records until any charge filed under the Genetic Information Nondiscrimination Act is resolved.

The EEOC, which had sought public comment on the proposed rule in June, said it had received just one supportive comment in response, which was from an association of state credit unions.

GINA, which was signed into law by President George W. Bush in May 2008, protects job applicants, current and former employees, labor union members and apprentices and trainees from discrimination based on their genetic information.

According to the latest EEOC report, the number of GINA charges for fiscal year 2011 increased 21.9 percent, to 245, which was the largest percentage jump in any category. But GINA accounted for just 0.2 percent of the total of 99,947 charges filed.

Judy Greenwald writes for Business Insurance, a sister publication of Workforce Management. To comment, email editors@workforce.com.

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