41-1482. Recordkeeping; preservation of
records; reports to division; furnishing information to other
governmental agencies; information confidential;
classification
A. Every employer, employment agency and labor organization subject to article 4 of
this chapter shall make and keep such records relevant to the determination of whether
unlawful employment practices have been or are being committed, preserve such records for
such periods and make such reports therefrom as the division shall prescribe by
regulation or order, after public hearing, as reasonable, necessary or appropriate for
the enforcement of this article and article 4. Compliance with reporting and
recordkeeping regulations issued by the United States equal employment opportunity
commission shall be compliance with this subsection. Any employer, employment agency,
labor organization or joint labor-management committee which believes that the
application to it of any regulation or order issued under this section would result in
undue hardship may apply to the division for an exemption. If an application for such
exemption is denied, a civil action may be brought in the superior court for the county
where such records are kept. If the division of the court, as the case may be, finds
that the application of the regulation or order to the employer, employment agency or
labor organization in question, or in general, would impose an undue hardship, the
division or the court, as the case may be, may grant appropriate relief. If any person
required to comply with the provisions of this subsection fails or refuses to do so, the
superior court for the county in which such person is found, resides or transacts
business shall upon application of the division issue to such person an order requiring
him to comply.
B. In prescribing requirements pursuant to subsection A, the division shall consult
with other interested governmental agencies and shall coordinate its requirements with
those adopted by such agencies. Upon request the division may furnish to any such
governmental agency charged with the administration of a fair employment practices law
information obtained pursuant to subsection A from any employer, employment agency, labor
organization or joint labor-management committee subject to the jurisdiction of such
agency. Such information shall be furnished on condition that it not be made public by
the recipient agency prior to the institution of a proceeding under applicable law
involving such information. If this condition is violated by a recipient agency, the
division may decline to honor subsequent requests of such agency.
C. It is unlawful for any officer or employee of the division or the board to make
public in any manner whatever any information obtained by the division pursuant to its
authority under this section prior to the institution of any proceeding involving such
information under this article. Any officer, employee or agent of the division or the
board who shall make public in any manner whatever any information in violation of this
subsection is guilty of a class 1 misdemeanor.
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