The EEOC Employer Record Keeping Regulations
The Equal Employment Opportunity Commission (EEOC), interprets and enforces Title VIIâ€™s prohibition of discrimination as forbidding any employment discrimination by employers against employees based upon race, color, gender, religion, sex, age, genetic information, or national origin. Further, the EEOC provides specific regulations which employers must follow regarding the maintenance of their employee and personnel records.
EEOC Regulations require that all employers keep personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. While this is the general rule on record keeping which employers must follow, specific anti-discrimination statutes have their own time periods during which an employer must maintain employment records.
WHAT ARE SOME SPECIFIC ANTI-DISCRIMINATION RECORD KEEPING STATUTES?
Under the Age Discrimination in Employment Act (ADEA), record keeping requirements, employers must keep all payroll records for three years. Additionally, employers must keep on file any employee benefit plan and any written seniority or merit system for the full period the plan or system is in effect and for at least one year after the planâ€™s termination.
Under the Fair Labor Standards Act (FLSA), employers must keep payroll records for at least three years. In addition, employers must keep all records (including wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements), for at least two years which explain the basis for paying different wages to employees of opposite sexes in the same establishment, if applicable.
It is important for employers to retain employment records for each employee, not only for their own protection against anti-discrimination claims, but also as failure to abide by State and Federal record keeping requirements can expose an employer to fines and possible liability.
If you are an employer and are faced with an employee claim of discrimination under Title VII, or are facing a claim under jurisdiction of the EEOC, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
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