Under Title VII, how long does an employer need to preserve personnel or employment records?
The EEOC requires employers subject to Title VII to preserve personnel and employment records, including application forms, for a minimum period of six months from the date of making record or taking the personnel action involved, whichever occurs later. Records relevant to any charge of discrimination must be maintained until final disposition of the charge or litigation. States can and have increased this requirement under their own antidiscrimination laws.
The EEOC also requires that employers having 100 or more employee to file a Standard Form 100, (also known as an EEO1 report). The employer is obliged to obtain necessary supplies of this form and file its report prior to the annual filing date each year. The employer must also retain a copy of its most recent report for each reporting unit at its facility, or at its company or divisional headquarters, and to make available a copy to the EEOC upon request.
Other EEO-1 Report FAQs
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What is an EEO-1 Standard 100 Form?
The EEO-1 Report – formally known as the "Employer Information Report" – is a government form requiring many employers to provide a count of … more -
When and where must an employer file an EEO-1?
This annual report must be filed with the Joint Reporting Committee not later than September 30. Employment figures from any pay period in July through September may … more -
How do I file an EEO-1 (Standard Form 100)?
There should be four copies. File the original and first copy with the Joint Reporting Committee. The remaining two copies may be retained for employer records. All … more -
How do I file an EEO-1 (Standard Form 100) if I am a multi-establishment employer?
All multiestablishment employers, employers doing business at more than one establishment, must file: (1) a report covering the principal or headquarters office; … more -
What if an employer determines that the preparation or filing of the EEO-1 causes an undue hardship?
An employer who claims that preparation or the filing of EEO1 Standard Form 100 would create undue hardship may apply to the EEOC for a special reporting … more
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