Today I am reading the EEOCs February 10, 2020 bulletin regarding a large dairy employer that allegedly discriminated against female job applicants and then failed to retain applications and other hiring related documents. Sex discrimination is a violation of The Civil Rights Act of 1964 and failing to retain hiring related documents is in violation of Federal Record Keeping Laws. Under a 4 year consent decree, the company will pay $1,350,000 in back pay and damages to the female applicants.
“The company will also adopt a recruitment plan with hiring goals to increase the number of women hired into production-related positions. In addition, Upstate must retain all applications, train all of its employees at the three facilities on their rights and obligations under federal antidiscrimination law, and adopt a new antidiscrimination procedure.”EEOC bulletin dated 2/10/20 – EEOC v. Upstate Niagara Cooperative, Inc., Civil Action No.1:16-CV-00842
Sex Discrimination Notes
Employer Coverage – 15 or more employees
- Non Federal Employees – 180 days to file a charge (may be extended by state laws)
- Federal employees have 45 days to contact an EEO Counselor
Record Keeping Notes
29 CFR § 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 occurs later.§ 1602.14 – Preservation of records made or kept.
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, the ADA, or GINA, 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.§ 1602.14 – Preservation of records made or kept.
- Title VII of the Civil Rights Act of 1964
- Regulations: 29 CFR Part 1604 – GUIDELINES ON DISCRIMINATION BECAUSE OF SEX
- Policy & Guidance
- Regulations: 29 CFR Part 1602 – RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII, THE ADA AND GINA
Subpart C—Recordkeeping by Employers
- 1602.12 Records to be made or kept.
- 1602.13 Records as to racial or ethnic identity of employees.
- 1602.14 Preservation of records made or kept.