[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1602.14]

[Page 175-176]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1602_RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII AND THE ADA--Table of Contents
 
                  Subpart C_Recordkeeping by Employers
 
Sec. 1602.14  Preservation of records made or kept.

    Any personnel or employment record made or kept by an employer 
(including but not necessarily limited to requests for reasonable 
accommodation, application forms submitted by applicants and other 
records having to do with hiring, promotion, demotion, transfer, lay-off 
or termination, rates of pay or other terms of compensation, and 
selection for training or apprenticeship) shall be preserved by the 
employer for a period of one year from the date of the making of the 
record or the personnel action involved, whichever

[[Page 176]]

occurs later. In the case of involuntary termination of an employee, the 
personnel records of the individual terminated shall be kept for a 
period of one year from the date of termination. Where a charge of 
discrimination has been filed, or an action brought by the Commission or 
the Attorney General, against an employer under title VII or the ADA, 
the respondent employer shall preserve all personnel records relevant to 
the charge or action until final disposition of the charge or the 
action. The term ``personnel records relevant to the charge,'' for 
example, would include personnel or employment records relating to the 
aggrieved person and to all other employees holding positions similar to 
that held or sought by the aggrieved person and application forms or 
test papers completed by an unsuccessful applicant and by all other 
candidates for the same position as that for which the aggrieved person 
applied and was rejected. The date of final disposition of the charge or 
the action 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 an action is brought against an employer either by the 
aggrieved person, the Commission, or by the Attorney General, the date 
on which such litigation is terminated.

(Approved by the Office of Management and Budget under control number 
3046-0040)

[37 FR 9219, May 6, 1972, as amended at 46 FR 63268, Dec. 31, 1981; 56 
FR 35755, July 26, 1991]