Record Keeping Basics

It is important that all employers be aware of the various federal and state laws requiring employers to maintain certain records regarding their employees. In the event of a lawsuit, an employer may be required to produce these records. Failure to do so can lead to fines and other adverse actions. Title VII of the Civil Rights Act of 1964 requires employers to maintain all personnel or employment records made or kept by the employer. These include 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. Employers must also keep all records relevant to a charge of discrimination or action brought by the Attorney General against the employer. Employers with 100 or more employees must keep a copy of the EEOC''s form EEO-1, also called the Employer Information Report. Other records, relating to apprenticeship programs, must also be kept. The personnel and employment records listed above must be kept for one year, either from the date the record was made, or from the date the personnel action was taken, whichever is later. Records relevant to a charge of discrimination or action brought by the Attorney General must be kept until the final disposition of the charge or action.