One More Requirement to “Pass the Acid Test”

By Fox Rothschild LLP on February 6, 2012

In our last blog, we asked the age-old (or at least generation-old) question: "Can you pass the acid test?"

 

That is, can you honestly tell yourself that you have created and continue to maintain a workplace that is as liability-free as possible?  We cleverly dubbed this stress test "the acid test."

 

There is now one more requirement in order to pass the test. The EEOC just issued a rule (which goes into effect on April 3, 2012) which requires employer/entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 ("GINA") (a law which prohibits employment discrimination based on genetic information) to maintain records.

 

The EEOC noted that this record keeping requirement is the same as exists for Title VII and the ADA, and therefore should not be burdensome upon employers.