(c) Execution, retention, and preservation of records; reports to Commission; training program records;
appropriate relief from regulation or order for undue hardship; procedure for exemption; judicial action to
compel compliance
Every employer, employment agency, and labor organization subject to this subchapter shall (1) make and keep
such records relevant to the determinations of whether unlawful employment practices have been or are being
committed, (2) preserve such records for such periods, and (3) make such reports therefrom as the Commission
shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the
enforcement of this subchapter or the regulations or orders thereunder. The Commission shall, by regulation,
require each employer, labor organization, and joint labor-management committee subject to this subchapter
which controls an apprenticeship or other training program to maintain such records as are reasonably
necessary to carry out the purposes of this subchapter, including, but not limited to, a list of applicants who wish
to participate in such program, including the chronological order in which applications were received, and to
furnish to the Commission upon request, a detailed description of the manner in which persons are selected to
participate in the apprenticeship or other training program. 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 Commission for an exemption
from the application of such regulation or order, and, if such application for an exemption is denied, bring a civil
action in the United States district court for the district where such records are kept. If the Commission or 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 would impose an undue hardship, the Commission 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 United States district court for the district in which such person is found,
resides, or transacts business, shall, upon application of the Commission, or the Attorney General in a case
involving a government, governmental agency or political subdivision, have jurisdiction to issue to such person
an order requiring him to comply.
(d) Consultation and coordination between Commission and interested State and Federal agencies in prescribing
recordkeeping and reporting requirements; availability of information furnished pursuant to recordkeeping and
reporting requirements; conditions on availability
In prescribing requirements pursuant to subsection (c) of this section, the Commission shall consult with other
interested State and Federal agencies and shall endeavor to coordinate its requirements with those adopted by
such agencies. The Commission shall furnish upon request and without cost to any State or local agency charged
with the administration of a fair employment practice law information obtained pursuant to subsection (c) of
this section 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 State or local law involving such