24.9.805    EMPLOYMENT RECORDS

(1) All employers, labor organizations, employment agencies, and government agencies shall keep adequate records to show:

(a) The number of employees who are white (not of hispanic origin) , black (not of hispanic origin) , hispanic, Asian or Pacific Islander, American Indian or Alaskan Native in each job category;

(b) The number of males and females in each racial group and job category; and

(c) The age of each employee in each job category.

(2) Records which fulfill the requirements of the U.S. equal employment opportunity commission recordkeeping requirements are sufficient to meet the requirements of this rule.

(3) Information about racial or ethnic identity may be acquired by visual survey of the work force and, if at all possible, should not be by direct inquiry. Such information shall be kept separately from other personnel records and shall be maintained as total numbers without identification of individuals.

(4) All personnel records made or kept by an employer, including, but not necessarily limited to, application forms and other records related to hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation and selection for training or apprenticeship, shall be preserved for 2 years from the date the record is made or from the date of the personnel action involved, whichever occurs later.

(5) If a discrimination complaint is filed, the respondent shall preserve all personnel records relevant to the complaint until final disposition of the complaint. Personnel records relevant to a complaint include personnel records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant and application forms or test papers completed by an unsuccessful applicant and all other candidates for the same position.

(6) Labor organizations shall preserve membership or referral records, including applications for membership or referral for 2 years from the date the records are made. If a discrimination complaint is filed, a labor organization shall preserve all records relevant to the complaint until final disposition of the complaint.

History: Sec. 49-2-204, 49-3-106 MCA; IMP, Sec. 49-2-102, 49-2-303, 49-3-201 MCA; NEW, Eff. 1/2/77; AMD, 1991 MAR p. 1841, Eff. 9/27/91.