RECOMMENDED PERSONNEL RECORDS RETENTION REQUIREMENTS: FEDERAL
TITLE VII (1964 CIVIL RIGHTS ACT, AS AMENDED IN 1991)
Records To Be Retained:
a. Any personnel or employment records made or kept by the employer, including application forms and records pertaining to hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship b. Personnel records relevant to a charge of discrimination or action brought by the Attorney General against the employer, including, for example, records relating to the charging party and to all other employees holding similar positions, application forms, or test papers completed by unsuccessful applicants and by all other candidates for the same position c. For apprenticeship programs: (1) chronological list of names and addresses of all applicants, dates of application, sex, and minority group identification, or file of written applications containing the same information; and other records pertaining to apprentice-ship applicants (for example, test papers, interview records); (2) any other record made solely for completing EEO-2 or similar reports. d. For employers with 100 or more employees: Copy of EEO-1, Employer Information Report. Retention Period:
a. One year from the date the record was made or personnel action was taken, whichever is later. b. Until final disposition of the charge or action.
c. (1) Two years from the date the application received, or the period of successful applicant's apprenticeship, whichever is longer; (2) one year from the date of report. Form of Retention: No particular form is specified. Information on racial or ethnic identity may be obtained either by visual surveys of the workforce or from post-hire records, where permitted by state law. Such post-employment records should be kept separate from employees' basic personnel records or other records available to those responsible for personnel decisions. Information on temporary or seasonal positions must be reported on Standard Form 100 (EEO-1) on September 30 of each fiscal year, in the same fashion as information about permanent employees is reported. A copy of the most recent report filed for each reporting unit must always be retained at each such unit or at company or divisional headquarters. References: 42 U.S.C. 2000e and 29 CFR 1602
Age Discrimination in Employment Act
Records to be Retained:
a. Payroll or other records containing each employee's name, address, date of birth, occupation, rate of pay, and compensation earned per week b. Personnel or employment records relating to: (1) job applications, resumes, or other replies to job advertisements, including applications for temporary positions and records pertaining to failure or refusal to hire; (2) promotion, demotion, transfer, selection for training, layoff, recall, or discharge; (3) job orders submitted to employment agencies or unions; (4) test papers in connection with employer-administered aptitude or other employment tests; (5) physical examination results considered in connection with personnel actions; (6) job advertisements or notices to the public or employees regarding openings, promotions, training programs, or opportunities for overtime work. c. Employee benefit plans, written seniority or merit rating systems d. Personnel records, including the above, relevant to any enforcement action brought against employer Retention Period
a. Three years
b. One year from date of personnel action to which record relates c. Full period that plan or system is in effect, plus one year after its termination d. Until final disposition of the action
Form of Retention
a. No particular form is specified.
b. No particular form is specified.
c. If plan or system is not in writing, a summary memorandum is to be kept. d. No particular form is specified.
Reference: 29 U.S.C. 621; 29 CFR 1627
Americans with Disabilities Act
Records to be Retained:...
References: 42 U.S.C. 2000e and 29 CFR 1602
Age Discrimination in Employment Act
Please join StudyMode to read the full document