Employment documents and forms must be in compliance with EEO requirements. Ask and only job-related questions. Have an employee handbook with a strong and clearly worded antidiscrimination policy that covers all types of discrimination and harassment and contains a clear process by which employees can voice complaints. Give it to every employee Always use written employment agreements to avoid contractual liability for handbook content. Post EEO-required employment law posters. The statutes that determine how long records must be kept change frequently. The current requirements are: Payroll records – IRS recommends you keep the records until you can no longer file amendments for that tax year Employee Contracts should be kept for at least 10 years ADA and the 1964 Civil Rights Act requires you to keep employee records for at least one year after the person has left your employ ADEA (Age Discrimination in Employment Act) applies to companies that employ 20 or more people and they follow the ADA record retention requirement Family Medical Leave Act (FMLA) requires that you retain the records of any employee that leaves under FMLA guidelines for at least three years. Consider the appropriateness of each question on the MOLLY MAID application you use and ask: Why do I need to ask this question? How can the answer to this question help me to make a hiring decision? Could the information given in answer to this question have an adverse effect on any protected group? Pay attention to what each question asks and how it is phrased to avoid discriminatory inquiries. Technically, the courts and the EEOC may take the position that: When a question is asked, its answer is used to make a decision. When a non-job-related question is asked, it is assumed that the answer is used to discriminate. No application or other pre-hiring procedures should ask for information on the following: Date of birth Race Height and weight 6.4 What Questions Can I Ask?
MOLLY MAID Personnel Manual Copyright 2015, Molly Maid, Inc.
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