The EEOC has published a final rule imposing recordkeeping requirements on employers covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”).

Title II of GINA prohibits employers from using genetic information to make employment decisions; restricts employers’ ability to acquire employees’ genetic information; and prohibits retaliation against employees who complain about genetic discrimination. Employers covered by GINA include all private employers, state and local governments, and educational institutions with 15 or more employees. GINA also covers private and public employment agencies, labor organizations, and joint labor-management training programs.

Under the final rule, GINA-covered employers must retain all personnel and employment records made or used in the course of their business for one year from the later of the date that the record is made or the date that related personnel action is taken. The types of records required to be retained under the final rule include, but are not limited to:

• Requests for reasonable accommodations;
• Application forms;
• Hiring, promotion, demotion, transfer, layoff and termination records; and
• Records on pay rates,
• compensation, tenure, selection for training or apprenticeship, and other terms of employment.

The final rule also requires employers to retain documents relevant to charges filed under GINA until final disposition of those charges. It is effective on April 3, 2012.