The Age Discrimination in Employment Act (ADEA) requires employers to maintain specific personnel and payroll records. Generally, payroll records must be kept for three years, and personnel records (such as applications and job descriptions) for one year. However, if an employer is notified that a charge of discrimination has been filed or that an action has been brought by the Equal Employment Opportunity Commission (EEOC) or the employee, the record-keeping requirements change. In such cases, the employer is legally obligated to retain all " pertinent records " relating to the charge or action—such as performance evaluations, time records, and correspondence—until the final disposition of the alleged action (Option D). This ensures that all relevant evidence is preserved for the legal process. Failing to maintain these records during an active investigation or lawsuit can result in severe legal penalties and negative inferences in court.
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