The EEOC issued a final rule last week extending the existing recordkeeping requirements under Title
VII and the ADA to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). Effective April 3, 2012, private employers with 15 or more employees, employment agencies, labor unions, and joint labor-management training programs must retain all personnel and employment records made or used in the course of their business for one year from the date the record is made or personnel action is taken, whichever is later. This would include documents such as:
- Requests for reasonable accommodations;
- Employment applications;
- Records of hiring, promotion, demotion, transfer, layoff and termination; and
- Records of pay rates, compensation, tenure, selection for training or apprenticeship, and other terms of employment.
Records pertaining to employees who are involuntarily terminated must be kept for one year from the date of termination, and employers must retain all records relevant to charges filed under GINA until their final disposition.