Final GINA Recordkeeping Rule Issued

​(February 27, 2012) The Equal Employment Opportunity Commission (EEOC) has issued its final recordkeeping rule for the federal Genetic Information Nondiscrimination Act (GINA). This rule will take effect on April 3, 2012.

The new recordkeeping rule (first proposed last June) requires employers to take the following steps:

  • Any personnel or employment record made or kept by an employer must be preserved by the employer for a period of one year from the date of the making of the record or the personnel action involved, whichever occurs later. In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of one year from the date of termination. 
  • Where a charge of discrimination has been filed, or an action brought by the EEOC or the U.S. Attorney General, against an employer under GINA, the employer must preserve all personnel records relevant to the charge or action until final disposition of the charge or the action.

The same exact requirements already exist under Title VII and the Americans with Disabilities Act (ADA). The final regulations “do not require employers to create any records and do not impose any reporting requirements, but merely require employers to maintain the records that they do create.”

GINA prohibits employers from discriminating against employees or applicants because of genetic information. California law also prohibits discrimination on the basis of an employee's genetic information or genetic characteristics.

CalChamber to Offer Webinar

To help employers keep current on compliance requirements and determine which records must be kept confidential the California Chamber of Commerce will be offering a recordkeeping webinar on Thursday, March 15, 10 a.m.-11:30 a.m.

Recordkeeping 101 Webinar will cover:

  • I-9 documentation and retention;
  • W-4s and DE4s;
  • Confidentiality of records; and
  • Record retention requirements.

CalChamber Presenters

Susan Kemp, CalChamber senior employment law counsel, has written and edited several CalChamber publications on topics such as employee handbooks, sexual harassment investigations, family and medical leave, and exempt/non-exempt employees. She is the manager of the CalChamber's Helpline and a frequent speaker on a variety of employment-related topics.

Erika Frank, vice president, legal affairs, and general counsel for the CalChamber, was named vice president of legal affairs in 2009. She joined the CalChamber in April 2004 as a policy advocate and began serving as general counsel shortly thereafter, leveraging her 10 years of combined legal, governmental and legislative experience. As CalChamber’s subject matter expert on California and federal employment law, she oversees and contributes to CalChamber’s labor law and human resources compliance publications; co-produces and presents webinars and seminars; and heads the Labor Law Helpline.


For more information or to register, call (800) 331-8877 or go directly to the link for the Recordkeeping 101 Webinar.