ADEA (age discrimination) Checklist
April 1, 1999
You must keep the following information for three years for each employee: You must keep the following information for one year for each employee—both regular and temporary workers: 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?
- Date of birth
- Rate of pay
- Compensation earned each week
- 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
SOURCE: The Reduction in Force Audit Guide is available by calling the Bureau of Business Practice at 800/243-0876, ext. 245.