Recordkeeping & Inspections In-class Application Work

PART I: AGENCY REQUIREMENT OF RECORDKEEPING

Using Lexis Advance, find the regulations for the U.S. Equal Employment Opportunity Commission (EEOC).
Narrow them down to find the regs on recordkeeping and reporting.

A. Your law firm has a new client that just started a carpet cleaning business in Charlotte. He has
heard his friends talk about having to keep records for the EEOC and wants to know what he needs
to do. He employs 25 people. Does he have to file an Employer Information Report?

Provide answer/citation.
a. Note: This does not mean the records should not be kept by all other employers
though.
29 CFR 1602.7, if an employer has 100 or more employees
B. Ann, a human resource manager for WalMart, has some questions about what needs to be filed and
when it is due. She also wants to know what will happen if she fails to file the report. Provide
answer/citation.
29 CFR 1602.9 compelled to file by order of a US District Court

C. Look at the EEO-1 form that certain employers must complete. Standard Form EEO-1 In

Section D, what types of information is the EEOC collecting in this form, in

general?
The different types of workers you have in your company, race and ethnicity,
male or female.

On the EEOC website, can you find information about how to complete this form?

Yes, it gives you instructions and the deadline for the different
forms.

D. Ann decides to file the EEO-1. Now she wants to know from you how long she must keep these
records. (Assume there has been no charge of discrimination.) Provide answer/citation.
29 CFR 1602.30 they have to file an EEO-4
E. Stan, the City Manager of Lowell, tells you that he is not required to keep EEOC records because the
city only employs 30 people. You tell him, Not exactly Provide answer/citation. What
form will Stan file?
EEO-4

F. Can you find the applicable regulations under the Age Discrimination in
Employment Act? Provide answer/citation.
29 CFR 1625

G. Back to the EEOC website - Under Federal Agencies / Digest of EEO Law, look
at one of the recent volumes of EEOC cases. Read one and summarize the
finding in a sentence.

A National Guard member was deployed and filed a complaint in abeyance. The
Agency issued a decision finding no discrimination.

H. Using the EEOC regulations, find out if Ed Employer can ask a potential
employee identified as Pat Patrick on a resume if he/she is male/female?
Provide answer/citation.
29 CFR 1604.7, no they cannot ask because that is sex discrimination

PART II: AGENCY INSPECTIONS/ENFORCEMENT

Now, lets look at what happens during inspections. Answer the following questions about a recent
inspection of a Delta airplane.
A. Look at the following PDF for an inspection report from the FDA directed to Delta Airlines: Delta FDA
Inspection

What was the main concern about inspection?

It is a health inspection sheet for the plane and describes all the things that was
needing to be looked at.

B. The FDA wrote a Warning Letter to Delta after the inspection. View it here: Delta Warning letter

What must Delta do in response to the Warning Letter?

They should get all the things listed in the letter fixed or taken care of.

C. If Delta does not remedy the problem, what other types of investigatory

procedures could the FDA likely use?

They might result in a regulatory action initiated by the FDA. They can include a
seizure and/or an injunction.

PART III: NC Administrative Agency Records/Inspection

A. What administrative agency inspects North Carolina nursing homes? See if
you can find recent inspection reports for your county. Can you see how this
might be useful as a consumer?
The Department of Health and Human Services it tells you what homes have
good rating and not so good ratings. The locations and the score of their last
inspection.