Kentucky Administrative Regulations
Title 104 - COMMISSION ON HUMAN RIGHTS
Chapter 1 - Human Rights
Section 104 KAR 1:030 - Recordkeeping and reporting by employers, labor organizations and employment agencies
Universal Citation: 104 KY Admin Regs Service 1:030
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 344.040, 344.060, 344.500
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes the procedures to be utilized by employers, labor organizations and employment agencies with respect to the maintenance and preservation of employment records and employment reports.
Section 1. Definition.
(1) "Records relevant to the determination"
means all:
(a) Personnel or employment records
relating to the complainant and other employees holding positions similar to
that held or sought by the complainant;
(b) Application forms or test papers
completed by the complainant and of other applicants for the same position;
and
(c) Personnel or employment
records relating to the complainant.
(2) "Final disposition of the complaint"
means the expiration of the statutory period within which the complainant may
appeal an administrative order or commence a judicial action.
Section 2. Employer Information Report.
(1) Upon receipt of a complaint of
employment discrimination, an employer shall provide a current employer
information report.
(a) The report shall
include a workforce breakdown of the employers' temporary and permanent
employees within the Commonwealth of Kentucky.
(b) The report shall contain a breakdown of
the employers' workforce by:
1.
Race;
2. Age;
3. National origin; or
4. Sex.
(c) An employer may acquire the information
necessary for completion either by:
1. Visual
surveys; or
2. By the maintenance
of postemployment records.
(d) Postemployment records which identify
employees by race, color, religion, disability, age, national origin or sex
shall be kept separately from personnel records available to those responsible
for personnel decisions.
(2) An employer may substitute a comparable
federal government employer information report.
(3) If the comparable government employer
information report does not provide a current workforce breakdown descriptive
of employees actual job categories, the employer shall update or modify the
information contained in the report.
Section 3. Preservation of Records Made or Kept.
(1)
(a)
A personnel or employment record, made or kept by an employer, shall be
preserved by the employer for a period of one (1) year from the date of the:
1. Making of the record; or
2. Personnel action involved, whichever
occurs later.
(b) These
records shall include:
1. Requests for
reasonable accommodation;
2.
Application forms; and
3. Other
records related to:
a. Hiring;
b. Promotion;
c. Demotion;
d. Transfer;
e. Lay-off;
f. Termination; and
g. Terms of compensation.
(2) Upon
receipt of a complaint of discrimination, the respondent employer shall
preserve all employee personnel records relevant to the determination until
final disposition of the complaint.
STATUTORY AUTHORITY: KRS 344.250
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