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Lansdale, PA 19446

Phone: 215-896-3846

Fax: 267-653-1405

Email: help@rckelly.com

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And Another Thing...

While our legal practice has not encountered random audits as it relates to federal regulatory compliance, in regards to the recordkeeping requirements; audits have been completed in conjunction with claim driven visits.  Reviews of practices and compliance are often completed by the EEOC agent as part of the claim investigation.   Common sense would conclude that reviews would be more favorable if organizations are consistently compliant with recordkeeping/reporting/posting requirements and of course non-discriminatory practices.   We understand often times, state and federal requirements initially take a heavy administrative lift, but once set up becomes less difficult, and improves your organization’s best practices and defensible position.   Listed below are the 3 major components to compliance for the EEO Recordkeeping, Posting and Reporting Requirements.

1. Every employer is required to post on its premises the poster, "Equal Employment Opportunity is the Law." You can obtain a free poster here. The notice must be posted prominently, where it can be readily seen by employees and applicants for employment. The notice provides information concerning the laws and procedures for filing complaints of violations of the laws with the Office of Federal Contract Compliance Programs (OFCCP). Additionally, you should educate your supervisory team on the law. 

2. All Personnel and Employment Records made or used (including, but not limited to, requests for reasonable accommodation, application forms submitted by applicants, and records dealing with hiring, promotion, demotion, transfer, lay-off or termination, rates of pay, compensation, tenure, selection for training or apprenticeship, or other terms of employment) must be preserved one year from the date of making the record or the personnel action involved, whichever occurs later.  However, in the case of involuntary termination of an employee, the terminated employee’s personnel or employment records must be retained for one year from the date of termination. 

3. The Employer Information Report EEO-1, otherwise known as the EEO-1 Report, is required to be filed annually with the U.S. Equal Employment Opportunity Commission's EEO-1 Joint Reporting Committee. This last requirement only applies to private employers with 100 or more employees (and federally contracted employers with 50 or more employees.)  The filing deadline for the EEO-1 Survey is September 30, of each year.  You can find an information booklet and sample EEO-1 form here.

If you’d like assistance or guidance in reviewing your compliance with this and other employment laws, please call 215-896-3846 or email help@rckelly.com.



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