Section 2 Title VII and the Americans With Disabilities Act of 1990

• Library: Employer-Employee Law 2008

Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e et seq., prohibits discrimination on the basis of race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(a)(1). Title VII provides that employers shall:

• make and keep records relevant to determining whether discrimination has been or is being committed

• preserve those records for the appropriate period of time; and

• make reports from the records as may be required by the Equal Employment Opportunity Commission (EEOC) in enforcing the statute

42 U.S.C. § 2000e-8(c). This recordkeeping provision is also incorporated into the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq. 42 U.S.C. § 12117(a).

The EEOC has not adopted requirements that employers make or keep specific records to comply with Title VII or the ADA. 29 C.F.R. § 1602.12. However, the EEOC has...