EEOC Proposes To Extend Recordkeeping Requirements to GINA
- Article Information
- Published on Tuesday, 07 June 2011 07:00
The Equal Employment Opportunity Commission (EEOC) proposes to extend its recordkeeping requirements under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to employers covered by Title II of the Genetic Information Nondiscrimination Act (GINA) which prohibits employment discrimination based on genetic information. More specifically, GINA prohibits the use of genetic information in making employment decisions, it limits the disclosure of genetic information, and it prohibits retaliation against employees who complain about genetic discrimination. Pursuant to the EEOC's proposal, its current Title VII and ADA recordkeeping regulations would be amended to add GINA, thereby requiring that employers maintain any workplace records that are created pursuant to GINA. Title VII regulations require those employers who are subject to Title VII to retain any personnel records that they create for one year from the date the record is made or one year from the date of any personnel action, whichever date occurs later. Pursuant to the Fair Employment and Housing Act (FEHA) employers must retain such records for at least two years from when they are created, or from the date of a personnel action, which ever date occurs later....
Employees Are Entitled To Inspect Their Personnel Files
- Article Information
- Published on Wednesday, 01 June 2011 23:48
Employees are entitled to inspect their personnel files at reasonable times and intervals. To facilitate the inspection, employers must either (1) keep a copy of the employee's personnel records at the place where the employee reports to work; or, (2) make the employee's personnel records available to the employee at the place where the employee reports to work within a reasonable period of time following the request to inspect the personnel file records; or (3) allow the employee to inspect his or her personnel file at the location where the records are stored, provided the employee does not suffer a loss of compensation in traveling to that location. The request does not have to be in writing, although an employer may use a form for such requests. However, information requested on such a form must be solely for the purpose of identifying the employee who is making the request so as to "avoid disclosure to ineligible individuals." Employers are not required to provide an employee with copies of his or her personnel file although the law does specify that, upon request, an employee must be given a copy of any document that the employee signed relating to his or her employment. During an inspection of a personnel file an employee may take notes regarding any document in the personnel file....
Employers Continue to Face Difficult and Costly Litigation
- Article Information
- Published on Wednesday, 20 April 2011 18:28
Recent cases, involving both jury trials and settlements, demonstrate that employers continue to face difficult and costly litigation in employment law disputes. Fortunately, in two of the cases described below, the employers obtained a defense verdict, although most likely still incurred significant defense costs. The defense costs of a single plaintiff case, taken through trial, are estimated by some to be in the $300,000 range, for reputable defense firms. Moreover, the significant amount of actual defense costs does not begin to address the immense time commitment these cases require from an employer in preparing a defense. For example, the typical production of documents in a wage and hour case often involves compiling volumes of payroll records that cover significant periods of time. In addition, the depositions of supervisors, managers, human resources personnel, co-workers and many others may be required as part of the lawsuit. Thus, because of the substantial amount of time and expenses associated with employment law litigation, and because of the continuing barrage of these types of case, employers must understand and follow the law, properly train their staff, and document as needed, particularly in regards to personnel matters. Employers should also consider "Employers Practices Liability Coverage" (EPLI). This is a type of insurance which provides coverage for most employment related matters. Some policies even cover wage and hour disputes, which many employers unfortunately must contend with, particularly in regards to misclassification of employees and overtime compensation claims. The following cases, which involve age discrimination, harassment, sexual orientation discrimination, exempt/overtime claims and failure to accommodate disputes are only a small sampling of the employment law cases that continue to plague employers....
Tip of the Day: Employee Personnel Files and Records
- Article Information
- Published on Monday, 24 January 2011 07:38
California law requires that employers allow employees and former employees access to their personnel files that relate to the employees performance or to any grievance concerning the employee. Inspections must be allowed at reasonable times and intervals. Therefore, to facilitate inspection of employee personnel files, employers must do one of the following: (1) keep a copy of each employees personnel records at the place where the employee reports to work, (2) make the personnel records available at the place where the employee reports to work within a reasonable amount of time following the employee's request, or (3) permit the employee to inspect the records at the location where the records are stored with no loss of compensation to the employee. The right to inspect personnel files and records does not apply to records relating to the investigation of a possible criminal offense, letters of reference, or ratings, reports, or records that (a) were obtained prior to the employees employment, (b) were prepared by identifiable examination committee members, or (c) were obtained in connection with a promotional exam. Employers are required to give an employee or job applicant, upon request, a copy of any document that the employee or applicant has signed relating to the obtaining or holding of employment. Employers are also required to permit current and former employees to inspect or copy payroll records pertaining to that current or former employee....
