By Vanessa L. Goddard
Last month, the EEOC issued a notice of proposed
rulemaking that would extend existing recordkeeping requirements under Title
VII and the Americans With Disabilities Act ("ADA") to employers covered by the
Genetic Information Nondiscrimination Act of 2008 ("GINA").
This is not the first time the EEOC has borrowed from
these statutes to regulate GINA, so it is likely that the proposed changes will
Like Title VII and the ADA, GINA covers employers with 15
or more employees and prohibits employment discrimination based upon genetic
information. Covered employers include employment agencies, labor unions,
joint labor-management training programs, and Federal sector employers.
The nondiscrimination provisions extend to current and former employees,
applicants, trainees, apprentices, and labor union members.
The recordkeeping regulations under the ADA and Title VII
which will be extended to GINA require covered employers to maintain all
employment and personnel records for one year. All records relating to a
charge under Title VII or the ADA must be maintained until the charge is
resolved, even if the time extends beyond a year.
Employers are not required to create any new documents as
a result of the rule. In fact, the proposed rulemaking would not impose
any reporting regulations either. Of course, the door remains open for
the EEOC to issue such regulations in the future if necessary.
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Goddard's primary focus is in the area of labor and employment law. She has
been involved in representing clients in various employment cases, including
sexual harassment; deliberate intent; age, race, and disability discrimination;
wrongful discharge; and various other employment-related torts. She is admitted
to various state and federal courts as well as the Third Circuit Court of
Appeals and Fourth Circuit Court of Appeals.
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