The U.S. Equal Employment Opportunity Commission

A Charge Has Not Been Filed Against My Company. Do I Need To Keep Records or File Reports With the EEOC?

What employment records must I keep?

EEOC Regulations require that employers keep all 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.

Under ADEA recordkeeping requirements, employers must also keep all payroll records for three years. Additionally, employers must keep on file any employee benefit plan (such as pension and insurance plans) 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 its termination.

Under Fair Labor Standards Act (FLSA) recordkeeping requirements applicable to the EPA, employers must keep payroll records for at least three years. In addition, employers must keep for at least two years all records (including wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements) that explain the basis for paying different wages to employees of opposite sexes in the same establishment.

Remember, these requirements apply to all employers covered by Federal anti-discrimination laws, regardless of whether a charge has been filed against the employer. When a charge has been filed, employers have additional recordkeeping obligations.

What reports must small employers file with EEOC?

In addition to material that is connected to the issues raised with the investigation of a charge of discrimination, the EEOC also collects EEO-1 Reports from some employers, regardless of whether a charge has been filed against the company.

Employment Information Report (EEO-1)

An EEO-1 Report is filed annually and provides a breakdown of the employer's work force by race and gender.

Small employers are not required to file EEO-1 reports unless they:

The processing of EEO-1 reports filed by employers is handled by the EEOC's Joint Reporting Committee. Further information on filing EEO-1 reports, including reporting instructions and report forms in various formats, can be obtained by  contacting the EEO-1 Joint Reporting Committee at 866-286-6440 (toll free) or e1.techassistance@eeoc.gov.

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This page was last modified on November 09, 2006.

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