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12 March 2016 • www.CPAPracticeAdvisor.com FEATURE the impact of their selection proce- dures," said Regional Atorney Debra Lawrence of the EEOC's Philadel- phia District Office in a statement when the lawsuit was announced. "EEOC's enforcement of the record- keeping requirements is important to t he a ge nc y 's c om m it me nt to eliminating discriminatory barriers in the workplace." A s the Crotha l l lawsuit shows, companies have signifcant respon- sibi l it ies to c reate a nd ma i nt a i n employee records, f rom t he t i me they apply to the time they leave the company—and for years aferwards. Record keeping laws can be compli- cated and can even confict with one another, but failure to comply can expose the company to government investigations, lawsuits, and mone- tary penalties. Record-Keeping Responsibilities Many diferent state and federal laws gover n wh ich records compa n ies need to create, how long records need t o b e k e p t , a nd e v e n ho w t ho s e records must be disposed of. For example, the A mericans with Disabilities Act requires employers to maintain records such as applica- tion forms, requests for reasonable accommodation, promotions, trans- fers, terminations, and compensa- t i o n f o r o n e y e a r a f t e r m a k i n g t he re c ord or t a k i n g t he a c t ion described, whichever is later. Under the Age Discrimination in Employ- ment Act, employers must reta in payroll records for three years for all employees. Te Occupational Safety and Health Act requires that com- panies keep logs and reports of work- related injuries and illnesses for fve years. A nd companies that are gov- erned by the Employee Retirement I ncome Sec u r it y A c t mu st store records for six years. Ot her federa l reg u lat ions t hat mandate employee record retention include the Consolidated Omnibus Budget Reconciliation Act, the Fair Labor Standards Act, the Family and Med ic a l L e ave A c t , t he Feder a l Unemploy ment Ta x Act, the Lilly Ledbeter Fair Pay Act, and others. L ast June, Crothall Services Group Inc. was sued by the U.S. Equal Employment Opportunity Commission ("EEOC") for failing to maintain proper records on its employees. Te EEOC alleged that the provider of janitorial and facilities management services violated federal law requiring it to keep records that would disclose how its methods for selecting employees would impact equal employment opportunities. KEEP CALM AND DOT YOUR I'S AND CROSS YOUR T'S Employment Records You Must Retain By Richard D. Alaniz According to the EEOC's com- p l a i n t , C r o t h a l l u s e d c r i m i n a l backg rou nd check s a nd cr i m i na l histor y assessments when mak ing hiring decisions, but did not make a nd k e e p re q u i re d re c ord s t h at wou ld d isclose t he i mpac t t hose checks would have on people iden- tifable by race, sex, or ethnic group. T he E EOC c l a i med t h at f a i lu re violated Title V II of the Civil R ights Act of 1964. "Federal record-keeping require- ments ensure that certain employers make and keep records that disclose