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If a GINA complaint is filed against your company, a new rule (if passed) would require you to maintain all relevant employment and personnel records until the charge is resolved.

The rule, which was proposed by the Equal Employment Opportunity Commission (EEOC), was published in the June 2 edition of the Federal Register.

Covered records may include:

  • Job applications
  • Documents relating to employee promotions, demotions or terminations
  • Terms of compensation, and
  • Documents relating to selection for training or apprenticeship.

The proposed rule would be an extension of recordkeeping requirements that already exist with respect to the Americans with Disabilities Act (ADA) and the Civil Rights Act of 1964.

If your company wishes to comment on the proposed rule, the EEOC is accepting public comments until Aug. 1, 2011.

You can submit comments online at Regulations.gov (reference Docket ID # EEOC-2011-0013) — or by mailing them to:

Stephen Llewellyn
Executive Officer, Executive Secretariat
Equal Employment Opportunity Commission
131 M Street, NE., Suite 6NE03F,
Washington, DC 20507.

Also, written comments of six or fewer pages may be faxed to the Executive Secretariat at 202-663-4114.

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