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Utah Administrative Code (Current through November 1, 2019) |
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R606. Labor Commission, Antidiscrimination and Labor, Antidiscrimination |
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R606-6. Regulation of Practice and Procedure on Employer Reports and Records |
| R606-6-1. Authority |
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Latest version.
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This rule is established pursuant to Section 34A-5-104. |
| R606-6-2. Procedures and Prohibitions |
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Latest version.
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A. Employers subject to the jurisdiction of the U.S. Equal Employment Opportunity Commission shall not be required to furnish information to the Division which is a duplication of that filed on Standard Form 100, Employer Information EEO-1 Report. The Division reserves the right to require reports about the employment practices of individual employers, or groups of employers, whenever such information has not been furnished to the Equal Employment Opportunity Commission. B. The provision respecting confidentiality of information contained in Section 709(e) of the U.S. Civil Rights Act of 1964 shall be observed by Commission and all Commission staff. C. Any personnel or employment record made or kept by an employer (including but not necessarily limited to application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship) shall be preserved by the employer for a period of six months from the date of the making of the record and the personnel action involved, whichever occurs later. In case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of six months from the date of termination. Where a complaint of discrimination has been filed, the respondent employer shall preserve all personnel records relevant to the complaint and to the charging party until final disposition of the complaint. The term "personnel records relevant to the complaint", for example, would include personnel or employment records relating to the charging party and to all other employees holding positions similar to that held or sought by the charging party and application forms or test papers completed by an unsuccessful applicant or by all other candidates for the same position as that for which the charging party applied and was rejected. The date of "final disposition of the complaint" means the date of the final agency action or the end of the appeals process. D. If a person fails to make, keep, or preserve records or make reports in accordance with the Act and rules, the district court for the county in which such person is found, resides, or has his principal place of business, upon application of the Commission, may issue an order requiring compliance. |