Ask A Lawyer

Tell Us Your Case Information for Fastest Lawyer Match!

Please include all relevant details from your case including where, when, and who it involoves.
Case details that can effectively describe the legal situation while also staying concise generally receive the best responses from lawyers.


By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided may not be privileged or confidential.

The EEOC Employer Record Keeping Regulations

by Joseph C. Maya on Jun. 19, 2017

Employment Employment  Employment Discrimination 

Summary: A blog post about the record keeping regulations relating to anti-discrimination statutes.

Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.

The Equal Employment Opportunity Commission (EEOC), interprets and enforces Title VII’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 plan’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.


Source: eeoc.gov

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on lawyer.com are the sole responsibility of the person from whom such content originated and are not reviewed or commented on by Lawyer.com The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gage a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.