When a charge of discrimination has been filed with the Commission or its federal equivalent, or if an action brought by either entity is pending, the employer, labor organization, or employment agency, shall preserve all personnel or employment records relevant to the charge or action until final disposition of the charge or the action. Failure to retain relevant personnel or employment records may result in an adverse inference against the party during the course of an investigation.

HISTORY: Amended by State Register Volume 41, Issue No. 5, Doc. No. 4681, eff May 26, 2017.