Effective April 3, 2012, the Equal Employment Opportunity Commission ("EEOC") extended its existing recordkeeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act to employers covered by Title II of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). The burden on employers to comply with the recordkeeping requirements under GINA will likely be minimal, as employers should already have recordkeeping policies in effect for personnel and other employment records pursuant to these and other employment laws with the same or more stringent requirements. This Act Now Advisory should serve as a reminder of those recordkeeping requirements, which now apply under GINA as well.

What Is GINA?

GINA applies to employers with 15 or more employees. Title II of GINA protects job applicants, current and former employees, labor union members, apprentices, and trainees from discrimination based on their genetic information (e.g., information about an individual's genetic tests, genetic tests of a family member, or family medical history). GINA also restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information.