Section 3 Age Discrimination in Employment Act of 1967

• Library: Employer-Employee Law 2008

The Age Discrimination in Employment Act of 1967 (ADEA),
29 U.S.C. §§ 621 et seq., prohibits discrimination on the basis of age. 29 U.S.C. § 623(a). The EEOC has the power to make rules regarding recordkeeping necessary for enforcement of the law. 29 U.S.C. § 626(a).

While the EEOC has promulgated regulations requiring employers to maintain records under the ADEA, the regulations do not mandate that the records be kept in any particular form. 29 C.F.R. § 1627.2.
As long as an employer keeps the required information, the employer is free to determine how that information is compiled. Id. Specifically, if the information is available in records kept for other purposes, or
if the information can be obtained easily from other sources, employers are not required to maintain any additional records under the ADEA. Id.

All employers must make and keep payroll or other records for each employee that contain the employee’s:

• name
• address
• date of birth
• occupation
• rate of pay; and
• compensation earned each week.

29 C.F.R. § 1627.3(a). These records must be maintained for three years. Id.

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