2021 California Code
Government Code - GOV
TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA
DIVISION 3 - EXECUTIVE DEPARTMENT
PART 2.8 - DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
CHAPTER 6 - Discrimination Prohibited
ARTICLE 1 - Unlawful Practices, Generally
Section 12946.
(a) It shall be an unlawful practice for employers, labor organizations, and employment agencies subject to the provisions of this part to fail to maintain and preserve any and all applications, personnel, membership, or employment referral records and files for a minimum period of four years after the records and files are initially created or received, or for employers to fail to retain personnel files of applicants or terminated employees for a minimum period of four years after the date of the employment action taken.
(b) Upon notice that a verified complaint against it has been filed under this part, any such employer, labor organization, or employment agency shall maintain and preserve any and all records and files until the later of the following:
(1) The first date after the period of time for filing a civil action has expired.
(2) The first date after the complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated.
(c) The council shall adopt suitable rules, regulations, and standards to carry out the purposes of this section.
(d) Where necessary, the department, pursuant to its powers under Section 12974, may seek temporary or preliminary judicial relief to enforce this section.
(Amended by Stats. 2021, Ch. 278, Sec. 2. (SB 807) Effective January 1, 2022.)
