TITLE 56: LABOR AND EMPLOYMENT
CHAPTER II: DEPARTMENT OF HUMAN RIGHTS
PART 2520 PROCEDURES OF THE DEPARTMENT OF HUMAN RIGHTS
SECTION 2520.110 PRESERVATION OF RECORDS BY EMPLOYERS, LABOR ORGANIZATIONS, EMPLOYMENT AGENCIES AND RESPONDENTS


 

Section 2520.110 Preservation of Records by Employers, Labor Organizations, Employment Agencies and Respondents

 

a) Employers subject to the Act shall preserve and maintain the following records, to the extent that they may exist, for the periods indicated herein:

 

1) Applications for employment, resumes, and other documents or supporting materials submitted by or on behalf of applicants; and all interview forms, aptitude or qualifying examinations, personal history or background examination reports, medical history and physical examination reports, and other documents, pertaining to each applicant, for a period of one year from the date of application;

 

2) Each employee's personnel file, including performance evaluations, attendance/tardiness records, reprimands and disciplinary records, and suspension, lay-off, termination or resignation records, for a period of one year from the date of such employee's termination or separation from employment;

 

3) Job descriptions, production standards, and other records of required job duties, qualifications and performance criteria, for a period of one year following the date the same cease to be effective.

 

b) Labor organizations subject to the Act shall preserve and maintain the following membership and business records to the extent that they may exist for the periods indicated herein:

 

1) Applications for membership or transfer of membership, and supporting documents or materials submitted by or on behalf of any applicant, and any records bearing on the disposition thereof, for a period of one year from the date of application;

 

2) All membership and apprenticeship records, including records pertaining to the discipline, suspension or expulsion of a member, apprentice, or trainee, for a period of one year from the date of expulsion or separation of any such person from membership or an apprenticeship or training program;

 

3) All grievance and arbitration records, including documents pertaining to the request by or on behalf of any member of the collective bargaining unit that a grievance be initiated, and any documents reflecting the disposition of such a request or the disposition of any grievance filed, for a period of one year from the date of such request or from the date of final resolution of the grievance.

 

c) Employment agencies shall preserve the following documents for a period of one year from the time these documents are created:

 

1) all applications for assignment to an employer, and documents in support thereof;

 

2) any documents bearing on the disposition thereof;

 

3) documents relating to the terms and conditions of an assignment.

 

d) Charge Pending Notwithstanding any other provision of this Part, once a charge has been served on a respondent, the respondent shall preserve all records and other evidence pertaining to the charge until the matter has been finally adjudicated.

 

(Source: Amended at 18 Ill. Reg. 16829, effective November 4, 1994)