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.