Several laws contain either explicit or implicit records retention requirements. These laws include:
The Americans with Disabilities Act (ADA)
Age Discrimination in Employment Act (ADEA)
The Equal Pay Act
Executive Order 11246
The Family and Medical Leave Act (FMLA)
The Fair Labor Standards Act (FLSA)
The Rehabilitation Act
Title VII of the Civil Rights Act of 1964
Immigration Reform and Control Act (IRCA)
Occupational Safety and Health Act (OSHA)
The Employee Retirement Income Security Act (ERISA)
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974
The table below includes various types of records, the length of time those records must be retained, and the law requiring the records retention. In many cases, several laws require that a particular record must be maintained. In those cases, the law with the longest records retention requirement is listed.
| Type of Record | Length of Retention | Applicable Law |
|---|---|---|
| Job opening submitted to a state agency | one year | ADEA |
| Job advertisements and internal job postings | one year | ADEA, FLSA and ADA |
| Biographical data (name, address, birth date, sex, etc.) | three years | FLSA and FMLA |
| Applicant tracking information | one year* | ADA, ADEA, and Civil Rights Act |
| Apprenticeship records | latter of two years or the duration of the program | Title VII of the Civil Rights Act of 1964 |
| Medical records | one year** | ADA, ADEA, and Civil Rights Act |
| Offer and hire records | one year* | ADA, EO 11246, Civil Rights Act, Veteran's Act |
| Promotions, demotions, and transfers | one year* | ADA, ADEA, and Civil Rights Act |
| Qualified plan (welfare or retirement) records | six years | ERISA |
| Reduction in headcount (Layoffs) | one year | ADA, ADEA, and Civil Rights Act |
| Payroll records | three years | ADEA, Equal Pay Act, FMLA, and FLSA |
| Time cards | three years | ADEA and FLSA |
| INS Form I9 | latter of three years after hire or one year after termination | IRCA |
| Employment contracts | three years | Equal Pay Act and FLSA |
| Employee pay and benefit plans | three years | FMLA |
| Family leave of absences | three years | FMLA |
| Records and logs of occupational injuries | five years | OSHA |
| Employee exposure to toxic substances | 30 years after termination | OSHA |
| Employee terminations | one year | ADA, ADEA, EO 11246, and Civil Rights Act |
| Record of employee disputes | three years | FMLA |
| Discrimination charges and related records | latter of one year after employee terminates or when the charge is resolved | Title VII of the Civil Rights Act of 1964 and ADEA*** |
| EEO-1 and Vets-100 reports | one year | ADA, EO 11246, Civil Rights Act, Veteran's Act |
*If, while completing the Affirmative Action Plan, an “adverse impact” is discovered, then the records must be maintained until two years after the adverse impact is eliminated.
**Medical records related to a leave granted under the Family and Medical Leave Act (FMLA) must be maintained for three years.
