Without creating any direct new record-keeping requirements for the Genetic Information Nondisclosure Act (GINA), the Equal Employment Opportunity Commission (OSHA) has issued a final rule to fold GINA record-keeping and reporting into Title VII of the Civil Rights Act of 1964. The EEOC moved to issue its final rule when it received no adverse public commentary; the rule now takes effect April 3, 2012.
What this means is that any records created because of a GINA incident of discrimination are subject to the same retention standards as all other Title VII documentation. Otherwise, no GINA log or record must be kept on an ongoing basis.
Passed in 2008, GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II of the act, strictly limits the disclosure of genetic information, and prohibits retaliation against employees who complain about genetic discrimination.
By making GINA record-keeping part of Title VII, the new regulations “require all covered entities to preserve all employment and personnel records that they make or keep for a specified period of time, and to preserve all records relevant to a Title VII or ADA charge until the charge is resolved.”
Employers, keep your managers and employees cognizant of their GINA rights and obligations by obtaining and displaying prominently Personnel Concepts' GINA Notification Poster. Get yours today.