What are federal record retention requirements and relevant laws?

Federal Record Retention Requirements and Relevant Laws by Number of Employees This chart identifies federal requirements for record-keeping and retention of employee files and other employment-related records. Some of the requirements apply to most or all employers while others apply to government contractors and subcontractors.

When did the need for email retention laws start?

These demanding email archiving regulations, in which essentially nothing electronic that might be relevant for litigation can be deleted, began further back than many realize. The need for email retention laws didn’t truly solidify until December 2006, when the Federal Rules of Civil Procedure were significantly revised.

What makes it illegal to discriminate against an employee?

The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

Can a employer refuse to hire someone with a spent conviction?

If an applicant has a conviction that has become spent, the employer must treat the applicant as if the conviction has not happened. A refusal to employ a rehabilitated person on the grounds of a spent conviction is unlawful under the Rehabilitation of Offenders Act (ROA) 1974.

Do you have to keep record of EEOC charges?

The laws enforced by EEOC require employers to keep certain records, regardless of whether a charge has been filed against them. When a charge has been filed, employers have additional recordkeeping obligations.

When do employers need to retain employment records?

Employers must retain all relevant records if a discrimination charge or lawsuit is pending, she added. For hiring decisions, employers should ensure retention of all applications or resumes, as well as any screening processes, telephone interviews or skills testing records.

Can a employer deny an employee a reasonable accommodation?

Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability. Retaliation because the employee complained about job discrimination, or assisted with a job discrimination investigation or lawsuit. Not all employers are covered by the laws we enforce, and not all employees are protected.

When do you need to document employee performance?

Managers need to document employee performance, both positive contributions and performance failures. They need to document exactly what the employee did and said and what the manager did and said in response during the meeting or conversation.

Why are federal employees required to report violations?

There are two clear bases for those statistics. First, employees are in the best position to observe wrongdoing and have the technical expertise to assess wrongful actions. Second, under federal law and executive order, all government employees are required to report violations of law and regulations.

Can a employer use a criminal history to make an employment decision?

ORIGINATOR: Office of Legal Counsel. An employer’s use of an individual’s criminal history in making employment decisions may, in some instances, violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964, as amended.

When to provide supporting evidence for use of sick leave?

(b) An employee must provide administratively acceptable evidence or medical certification for a request for sick leave no later than 15 calendar days after the date the agency requests such medical certification.

Can a self-certification be considered administrative evidence?

An agency may consider an employee ‘s self-certification as to the reason for his or her absence as administratively acceptable evidence, regardless of the duration of the absence.