EEOC Issues Final Rules Implementing Genetic Information Nondiscrimination Act (GINA) Regulations
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02/14/2012
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On February 3, 2012, the Equal Employment Opportunity Commission (EEOC) issued a final rule which will impose the same record retention requirements under Title II of the Genetic Information Nondiscrimination Act (GINA) that currently apply under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964.
GINA, which was signed into law by President George W. Bush in May 2008, is designed to protect job applicants and employees from discrimination on the basis of their genetic information. The purpose of the retention requirements is to ensure that employers comply with GINA’s prohibitions.
The EEOC noted that the burden of the new requirement is minimal as “the final rule does not require the creation of any documents or impose any reporting requirements.” Rather the rule requires employers to maintain all workplace records to be retained for the same period of time specified in Title VII and ADA regulations.
According to the EEOC, the final regulations also:
The final rule, which applies to employers with 15 or more employees, will become effective on April 3, 2012.
The Employment Law Group® law firm has an extensive discrimination practice and has broad experience fighting for the rights of employees who have been victims of discrimination in the workplace.
GINA, which was signed into law by President George W. Bush in May 2008, is designed to protect job applicants and employees from discrimination on the basis of their genetic information. The purpose of the retention requirements is to ensure that employers comply with GINA’s prohibitions.
The EEOC noted that the burden of the new requirement is minimal as “the final rule does not require the creation of any documents or impose any reporting requirements.” Rather the rule requires employers to maintain all workplace records to be retained for the same period of time specified in Title VII and ADA regulations.
According to the EEOC, the final regulations also:
“provide examples of genetic tests; more fully explain GINA’s prohibition against requesting, requiring, or purchasing genetic information; provide model language employers can use when requesting medical information from employees to avoid acquiring genetic information; and describe how GINA applies to genetic information obtained via electronic media, including websites and social networking sites.”
The final rule, which applies to employers with 15 or more employees, will become effective on April 3, 2012.
The Employment Law Group® law firm has an extensive discrimination practice and has broad experience fighting for the rights of employees who have been victims of discrimination in the workplace.
