Compulsory Documents Pertaining to Employment Actions
(A) - Americans with Disabilities Act (ADA), under the Civil Rights of 1964 – The obligatory records are required from employers with at least 15 employees.
All records that pertain to the processes of application, recruitment, hiring/rehiring, pre-employment testing, promotions, demotions, transfers, training-selections, layoffs, recalls, terminations, and requests for reasonable accommodations. This includes the records of those that were hired for temporary employment.
The retention period is for one year from the time the employment was recorded or the time that personnel action was taken. However, where there are complaints filed or lawsuits filed, all records related to the employee/s who filed the complaint or charges shall be kept on file until the issue under dispute has reached final settlement.
(B) – The Age Discrimination in Employment Act (ADEA) – mandates the same requirements prescribed by the ADA to oversee employers with twenty or more workers against age discrimination in employment in accordance with fair labor standards, for unpaid minimum wage and overtime wages, liquidated damages, conference, conciliation and persuasion.
The same record keeping obligations under the FLSA shall likewise be retained for any disputes regarding allegations of employment actions in violation of this law.
The same records mandated by the ADA shall also be retained for any allegations of employer regarding disability discriminations. In the event that a complaint or lawsuit has been filed by an employee, all records related to the complaining employee shall be retained and maintained until such time that all charges filed by the employee have been settled or resolved.
Additional documents required under this mandate include:
- Job advertisements and postings
- Copies of employee benefit plans
- Policies and procedures based on seniority system
- Policies and procedures based on merit system