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ADEA (age discrimination) Checklist

April 1, 1999
Related Topics: Downsizing, Discrimination and EEOC Compliance, Featured Article
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Recordkeeping Requirements

  • You must keep the following information for three years for each employee:
    • Name
    • Address
    • Date of birth
    • Occupation
    • Rate of pay
    • Compensation earned each week

  • You must keep the following information for one year for each employee—both regular and temporary workers:
    • Job applications, résumés, or other employment inquiries in answer to ads or notices, plus records about failure or refusal to hire.
    • Records on promotion, demotion, transfer, selection for training, layoff, recall, or discharge of any employee.
    • Job orders given to agencies or unions for recruiting personnel for job openings.
    • Test papers.
    • Results of physical exams that are considered in connection with any personnel action.
    • Ads or notices relating to job openings, promotions, training programs, or opportunities for overtime.

Waivers and Releases

  • Is the waiver part of a written agreement between the employer and the employee?
  • Is the waiver written in a manner that can be understood by the average employee?
  • Does the waiver specifically refer to rights or claims under the ADEA by name?
  • What consideration have you offered employees—in addition to anything of value to which employees are already entitled—for signing a waiver or release?
  • Have employees been advised in writing that they should consult with their own attorney before signing the waiver?
  • Have employees been given at least 21 days in which to consider the waiver?
  • If the waiver is part of an exit incentive program, have employees been given at least 45 days to consider the waiver?

SOURCE: The Reduction in Force Audit Guide is available by calling the Bureau of Business Practice at 800/243-0876, ext. 245.

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