All personnel, employment records and records dealing with hiring, promotion, demotion, transfer, lay-off or termination, rates of pay, compensation, tenure, selection for training or apprenticeship, or other terms of employment) should be preserved for the following periods:
Employers should retain such records for one (1) year from the date of making the record or the personnel action involved, whichever occurs later, but in the case of involuntary termination of an employee, an employer should retain the terminated employee’s personnel or employment records for one (1) year from the date of termination.
Records Relating to a Charge of Discrimination
Where a charge of discrimination has been filed against an employer under Title VII, the ADA, or GINA, or where a civil action has been brought by the Commission or the Attorney General, an employer should retain all records related to the charge or action until final disposition of the charge or action. The date of final disposition means the date of expiration of the statutory period within which the aggrieved person may bring an action in a U.S. District Court or, where such an action has been brought, the date on which such litigation is terminated.
The employer should be aware of the required time period for record keeping. If an employer has questions regarding specific record keeping requirements they should consult with an employment law attorney.
Source: EEOC
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Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.
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