New EEOC Rule Requires Employers to Retain Workers Records to Prove Compliance with GINA

Arnstein & Lehr attorney Lori Adelson

Lori Adelson

The U.S. Equal Employment Opportunity Commission (EEOC) has implemented a new record-keeping rule that requires employers to retain workplace records for potential Title II investigations to demonstrate their compliance with Title II of the Genetic Information Nondiscrimination Act (GINA). GINA prevents the use of genetic information to discriminate against individuals whose genetic records may call into question the costs associated with potential medical treatment. This new record-keeping rule goes into effect on April 3, 2012.

According to the EEOC, approximately 900,000 employers having 15 or more employees are subject to the EEOC’s existing record-keeping requirements. The rule does not require employers to create any new documents, but rather retain in a confidential manner any documents that they already have which bear upon employees’ or their immediate family members’ health conditions that have or tend to have a genetic component. Medical records, functional capacity examinations, health questionnaires or documents pertaining to applicable medical leaves of absence are examples of such records.

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