EEOC Record Retention Schedule Chart
This chart is an easy-to-read schedule for retaining employment-related records as required by the federal Equal Employment Opportunity Commission (EEOC). It is intended for private employers. This EEOC Record Retention Schedule Chart is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws.
This chart does not address record retention requirements when an employee has filed a charge or complaint. Generally, employers must “preserve all personnel records relevant to the charge or action until final disposition of the charge or the action.” 42 U.S.C. § 2000e-8; 29 C.F.R. § 1602.14; 29 C.F.R. § 1627.3.
The EEOC is responsible for enforcing a number of federal laws that prohibit employment discrimination on the bases of race, color, religion, national origin, sex, pregnancy, childbirth, medical conditions related to pregnancy, genetic information, disability, or age, including:
• Title VII of the Civil Rights Act of 1964, including the Pregnancy Discrimination Act (Title VII), 42 U.S.C. § 2000e et seq.
• The Equal Pay Act of 1963 (EPA), 29 U.S.C. § 206 et seq.
• The Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq.
• Title I of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et. seq. –and–
• The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 U.S.C. § 2000ff et seq.
With respect to Title VII, the ADA, and GINA, the EEOC does not formally adopt recordkeeping requirements applicable to all employers. Instead, the EEOC has the authority to “impose recordkeeping requirements upon individual employers or groups of employers.” 29 C.F.R. § 1602.12. Even without formal regulations requiring recordkeeping for Title VII, the ADA, and GINA, the EEOC’s recordkeeping requirements are robust and comprehensive due, in part, to the extensive recordkeeping required by the EPA and the ADEA. EPA regulations require that employers keep the same records as they would under the Fair Labor Standards Act (FLSA). 29 C.F.R. § 1620.32.
Although this chart addresses how long employers must retain records related to the federal anti-discrimination laws, it does not address how to maintain the records. For example, employers must separate some records, such as records that contain medical information (including requests for reasonable accommodation), from other employment records.
While the chart addresses records required for most employees, it does not cover the specific records employers must retain for employees subject to special exemptions under the FLSA. For example, employers of tipped employees must maintain payroll records with an indicator that tips comprise all or part of the employee’s pay. 29 C.F.R. § 516.28. For more information about the specific recordkeeping requirements related to special exemptions under the FLSA, see 29 C.F.R. §§ 516.11 – 516.34.
Employment Records
Record Type / Examples / Retention Requirements / CommentsDemographic records of employees / Documents containing employees’:
• Name
• Full home address
• Date of birth
• Sex
• Occupation
29 C.F.R. §§ 516.2, 516.3, 1620.32, and 1627.3. / 3 years
Personnel action records / Documents reflecting:
• Promotions (29 C.F.R. § 1627.3(b)(1)(ii))
• Demotions (29 C.F.R. § 1627.3(b)(1)(ii))
• Disciplinary actions, including termination (29 C.F.R. § 1627.3(b)(1)(ii))
• Layoffs and recalls (29 C.F.R. § 1627.3(b)(1)(ii))
• Test papers and results of all testing completed in conjunction with any of the above personnel actions (29 C.F.R. § 1627.3(b)(1)(iv))
• Physical examination results related to requests for reasonable accommodation (see, e.g., 29 C.F.R. § 1627.3(b)(1)(v))
• Transfers
See generally 29 C.F.R. §§ 1602.14, 1620.32. / 2 years / The ADEA requires employers to keep and maintain personnel action records for just one year from the date the employer takes the personnel action. 29 C.F.R. § 1627.3(b).
Under Title VII, the ADA, and GINA employers that create or keep employment records must maintain them for one year from the making of the record, or, in the case of involuntary termination of employment, for one year from the date of termination. 29 C.F.R. §1602.14.
The Equal Pay Act requires employers to keep and maintain personnel action records for at least two years after the action. 29 C.F.R. § 1620.32. However, with the enactment of the Lilly Ledbetter Fair Pay Act of 2009 (Lilly Ledbetter Act), which amended Title VII, employers may consider maintaining these records for at least 18 months after an employee’s separation from employment. (Lilly Ledbetter Fair Pay Act of 2009, Pub. L. No. 111-242 (amending Title VII, the ADEA, the ADA, and the Rehabilitation Act of 1973, codified in scattered sections of 42 and 26 U.S.C.). More cautious employers may consider keeping these records indefinitely, because the Lilly Ledbetter Act states that each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began. Accordingly, the statute of limitations on an EPA claim extends with each pay period.
While the regulations do not explicitly require employers to keep employee transfer records, transfers are personnel actions, so employers must keep records of them.
Hiring Records
Record Type / Examples / Retention Requirements / CommentsHiring decision records for applicants (not hired) / • Resumes and application forms submitted by applicants not hired
• Records dealing with hiring decisions, including interview questions and notes
29 C.F.R. §§ 1602.14 and 1627.3(b)(1)(i). / 1 year / The ADEA requires employers to keep and maintain records related to a personnel action for one year from the date they took the action. 29 C.F.R. § 1627.3(b).
Under Title VII, the ADA, and GINA, employers that create or keep employment records must maintain those records for one year from the date they made the record, or, in the case of involuntary termination of employment, for one year from the date of termination. 29 C.F.R. § 1602.14.
Hiring decision records for employees or applicants conditionally offered employment / • Resumes and application forms submitted by applicants (29 C.F.R. § 1627.3(b)(1)(i))
• Records dealing with hiring decisions, including interview questions and notes (29 C.F.R. § 1627.3(b)(1)(i))
• Background clearance reports (29 C.F.R. § 1627.3(b)(1)(i))
• Drug testing results (29 C.F.R. § 1627.3(b)(1)(v))
• Driving record clearances (29 C.F.R. § 1627.3(b)(1)(i))
• Employment verifications (29 C.F.R. § 1627.3(b)(1)(i))
• Letters of reference (29 C.F.R. § 1627.3(b)(1)(i))
See generally 29 C.F.R. § 1602.14. / 2 years / The ADEA requires employers to keep and maintain records related to personnel actions for one year from the date they took the action. 29 C.F.R. § 1627.3(b).
Under Title VII, the ADA, and GINA, employers that create or keep employment records must maintain those records for one year from the date they made the record, or, in the case of involuntary termination of employment, for one year from the date of termination. 29 C.F.R. § 1602.14.
While 29 C.F.R. § 1627.3(b)(1)(i) requires employers to keep only “records pertaining to the failure or refusal to hire any individual,” employers should keep records related to hiring decisions for all applicants to support their hiring decisions if necessary.
The EPA requires employers to keep records that “may be pertinent to a determination whether [a wage] differential is based on a factor other than sex.” 29 C.F.R. § 1620.32. Accordingly, to the extent that an employer bases a new hire’s wages on information obtained during the hiring process, employers should keep such records for at least two years. However, see the comments above about keeping documents longer in light of the Lilly Ledbetter Act.
Job postings / • Job orders submitted to employment agencies or labor organizations (29 C.F.R. § 1627.3(b)(1)(iii))
• Advertisements to the public or to employees about job openings, promotions, training programs, or overtime opportunities (29 C.F.R. § 1627.3(b)(1)(vi)) / 1 year
Compensation Records
Record Type / Examples / Retention Requirements / CommentsPayroll records / • Pay stubs produced from employer’s payroll system
• Total wages paid each pay period showing date of payment and pay period covered by the payment (20 C.F.R. § 1627.3(a))
• Total premium pay for overtime hours (29 C.F.R. § 516.2(a)(9))
• Total additions to or deductions from wages and method of calculation (29 C.F.R. § 516.2)
• Rate of pay (29 C.F.R. §§ 516.2, and 1627.3(a)(5))
• Records of retroactive payments of wages or compensation under the supervision of the Administrator of the Wage and Hour Division (29 C.F.R. § 516.2(b))
• Records regarding the value, per period, of fringe benefits and prerequisites (29 C.F.R. § 516.3)
See generally 29 C.F.R. §§ 516.2, 516.3, 516.5(a), 1602.14, and 1620.32. / 3 years / See comments above about Lilly Ledbetter Act and maintaining records longer than two years.
Payroll source documents / Documents consisting of or reflecting:
• Source documents for payment such as work schedules, time cards, piecework tickets, wage rate tables, and records concerning wage deductions or additions, along with records used by the employer to determine costs associated with additions or deductions (29 C.F.R. §§ 516.2(a)(10), 516.6)
• Time of day and day of week on which the employee’s workweek begins 29 C.F.R. § 516.2(a)(5)
• Regular hourly rate of pay for any workweek in which overtime compensation is due, with an explanation of the basis for the regular rate and any exclusions (29 C.F.R. § 516.2(a)(6))
• Hours worked each workday (including start and stop times) and total hours worked each workweek (29 C.F.R. §§ 516.2(a)(7), and 516.6(a))
• Daily or weekly straight-time earnings (29 C.F.R. § 516.2(a)(8))
• Method of calculating deductions from wages
• Records indicating whether employees on a fixed schedule worked a regular schedule and specifying any variations from the fixed schedule (29 C.F.R. § 516.2(c))
• For employees paid, in whole or in part, on a per unit or other similar basis, records of the amount of work the employee accomplished in a day, week, or pay period (29 C.F.R. § 516.6(a))
29 C.F.R. §§ 516.3, 516.5(a), 1602.14, and 1620.32. / 2 years / See comments above about Lilly Ledbetter Act.
Benefit Plan Records
Record Type / Examples / Retention Requirements / CommentsTraining and apprenticeship programs / • A list of applicants who wish to participate in such program, including: the chronological order in which the employer received applications, the dates on which the employer received the application, the applicant’s sex, and the applicant’s self-reported racial classification (29 C.F.R. § 1602.20)
• Requests for reasonable accommodation related to the training or apprenticeship program (29 C.F.R. § 1602.21(b))
• Test papers and interviews related to the training or apprenticeship program (29 C.F.R. § 1602.21(b))
• A detailed description of the manner in which employers select individuals to participate in the apprenticeship or other training program
See generally 29 C.F.R. § 1602.14. / 2 years / Employers should maintain applicable records for the longer of two years or the successful completion of the training or apprenticeship program.
Retirement, health insurance, and other pension or health and welfare plans / • Pension, 401(k),
403(b), or other types of employee retirement plans
• Health insurance plans
• Disability plans
• Life insurance plans
• Other employee benefit plans under the Employee Retirement Income Security Act (ERISA)
• Notices provided to employees about such plans
29 C.F.R. §§ 516.5(b) and 1627.3(b)(2). / The later of 3 years from the document’s last effective date and 1 year following termination of the plan (3 years from termination if the plan is related to a collective bargaining agreement)
Seniority and merit systems / • Plan documents
• Amendments to the plan documents
• Explanatory memorandum
29 C.F.R. §§ 1602.14, 1620.32, and 1627.3(b)(2). / 2 years / Employers must retain formal seniority and merit system plan documents. Employers must also retain amendments to the plan if they have not incorporated these amendments into the plan document. If formal plan documents do not exist, employers should have a memorandum explaining the terms of the seniority and merit systems along with the manner in which they communicated the system to employees. Employers should also retain notes or other documents describing changes to the seniority and merit systems.
Collective bargaining agreements (CBAs) / • CBAs and any amendments thereto
• Memorandum of understanding if CBA is not formally written and adopted
29 C.F.R. §§ 516.5(b), 1602.14, and 1620.32. / 3 years from the document’s last effective date
EEO Reporting Records
Record Type / Examples / Retention Requirements / CommentsEEO-2 records / • Records created solely for the purpose of completing EEO-2 or other similar apprenticeship reporting requirements
29 C.F.R. § 1602.21. / 1 year from due date
EEO-1 race and ethnicity records / • Records created for the purpose of completing items 5 and 6 of Form EEO-1.
29 C.F.R. § 1602.13. / Indefinitely / Employers must maintain records of race or ethnicity separately from the employee’s personnel file.
Business Records
Record Type / Examples / Retention Requirements / CommentsSales and revenue records / • Orders and invoices
• Shipping and delivery records
• Bills of lading
• All customer billing records
29 C.F.R. § 516.6. / 2 years / The EEOC needs sales and revenue records to determine whether the employer is subject to the FLSA and therefore to the EPA.
Summary of sales, revenue, and purchase records / • Total dollar volume of sales or business for a set period of time (weekly, monthly, quarterly, etc.)
• Total volume of goods purchased or received
29 C.F.R. § 516.5. / 3 years / The EEOC needs sales and revenue records to determine whether the employer is subject to the FLSA and therefore to the EPA.
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Revised 7/17