ADEA (age discrimination) Checklist

Recordkeeping Requirements

• You must keep the following information for three years for each employee:
• Name
• Address
• Date of birth
• Occupation
• Rate of pay
• Compensation earned each week
• You must keep the following information for one year for each employee—both regular and temporary workers:
• Job applications, résumés, or other employment inquiries in answer to ads or notices, plus records about failure or refusal to hire.
• Records on promotion, demotion, transfer, selection for training, layoff, recall, or discharge of any employee.
• Job orders given to agencies or unions for recruiting personnel for job openings.
• Test papers.
• Results of physical exams that are considered in connection with any personnel action.
• Ads or notices relating to job openings, promotions, training programs, or opportunities for overtime.

• Is the waiver part of a written agreement between the employer and the employee?
• Is the waiver written in a manner that can be understood by the average employee?
• Does the waiver specifically refer to rights or claims under the ADEA by name?
• What consideration have you offered employees—in addition to anything of value to which employees are already entitled—for signing a waiver or release?
• Have employees been advised in writing that they should consult with their own attorney before signing the waiver?
• Have employees been given at least 21 days in which to consider the waiver?
• If the waiver is part of an exit incentive program, have employees been given at least 45 days to consider the waiver?

SOURCE: The Reduction in Force Audit Guide is available by calling the Bureau of Business Practice at 800/243-0876, ext. 245.