EEOC EXTENDS RECORDKEEPING REQUIREMENTS UNDER ADA TO GINA

On February 3, 2012, the Equal Employment Opportunity Commission (EEOC) published final regulations extending the recordkeeping and reporting requirements under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to the Genetic Information Nondiscrimination Act (GINA).  GINA prohibits employment discrimination based on genetic information.

The Office of Management and Budget estimates that the public recordkeeping burden will not increase significantly as a result of these regulations because all employers affected by them are already required to retain all personnel or employment records for one year from the time the record is created and the only new requirement is that they retain any of those records relevant to a charge of discrimination filed under GINA until the charge is resolved.

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