Additional Recordkeeping Requirements for Employers

Surprise, surprise. The federal government has issued new recordkeeping requirements. Starting April 3, 2012, employers covered by the Genetic Information Non-Discrimination Act (GINA) must preserve employment and HR records for one year from the date the record was made, or one year from any resulting HR action or discipline, whichever occurs later. In the case of involuntary terminations, the records must be maintained for one year from the date of termination.

GINA makes it unlawful for employers to discriminate against employees based on genetic information. It applies to employers with fifteen or more employees. Compliance is policed by the United States Equal Employment Opportunity Commissions (EEOC).

Practically speaking, the new recordkeeping requirements should not create a significant additional burden for employers since the rule mirrors existing requirements under Title VII and under the Americans with Disabilities Act (ADA). Under each statute, employers face mandatory minimum recordkeeping requirements. In addition to the basic one-year requirements imposed by these statutes, other provisions of federal law require employers to keep payroll records for up to three years.

For questions about your recordkeeping requirements, or about avoiding charges of discrimination under GINA, visit the EEOC website at, or contact Wright Beamer at (248) 477-6300.

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