Equal Employment Opportunity in the Federal Government Complaint and Appeal Records (April 26, 2006, 71 FR 24704)
Equal employment opportunity complaint files are maintained in an Office of Equal Employment Opportunity or other designated office of the agency or department where the complaint was filed. EEO Appeal files (including appeals from final negotiated grievance decisions involving allegations of discrimination) and petitions for review of decisions of the Merit Systems Protection Board are maintained in the Office of Federal Operations, Equal Employment Opportunity Commission, Washington, DC 20507 and in EEOC field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for federal employment and current and former federal employees who contact an EEO counselor or who file complaints of discrimination or reprisal with their agency, or who file appeals on EEO complaints, petitions for review of decisions of the Merit Systems Protection Board, or appeals of final decisions in negotiated grievance actions involving allegations of discrimination.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains information or documents compiled during the pre-complaint counseling and the investigation of complaints filed under section 717 of Title VII, section 15 of the Age Discrimination in Employment Act, section 501 of the Rehabilitation Act, and the Equal Pay Act and all appeals.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 2000e-16(b) and (c); 29 U.S.C. 204(f) and 206(d); 29 U.S.C. 633(a); 29 U.S.C. 791; Reorg. Plan No. 1 of 1978, 43 FR 19607 (May 9, 1978); Exec. Order No. 12106, 44 FR 1053 (Jan. 3, 1979).
These records are maintained for the purpose of counseling, investigating and adjudicating complaints of employment discrimination brought by applicants and current and former federal employees against federal employers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
- To disclose pertinent information to the appropriate federal, state, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, where the disclosing agency becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation.
- To disclose information to another federal agency, to a court, or to a party in litigation before a court or in an administrative proceeding being conducted by a federal agency when the government is a party to the judicial or administrative proceeding.
- To provide information to a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of that individual.
- To disclose to an authorized appeal grievance examiner, formal complaints examiner, administrative judge, equal employment opportunity investigator, arbitrator or other duly authorized official engaged in investigation or settlement of a grievance, complaint or appeal filed by an employee.
- To disclose, in response to a request for discovery or for appearance of a witness, information that is relevant to the subject matter involved in a pending judicial or administrative proceeding.
- To disclose information to officials of state or local bar associations or disciplinary boards or committees when they are investigating complaints against attorneys in connection with their representation of a party before EEOC.
- To disclose to a Federal agency in the executive, legislative, or judicial branch of government, in response to its request information in connection with the hiring of an employee, the issuance of a security clearance, the conducting of a security or suitability investigation of an individual, the classifying of jobs, or the lawful statutory, administrative, or investigative purpose of the agency to the extent that the information is relevant and necessary to the requesting agency's decision.
- To disclose information to employees of contractors engaged by an agency to carry out the agency's responsibilities under 29 CFR part 1614.
- To disclose information to potential witnesses as appropriate and necessary to perform the agency's functions under 29 CFR part 1614.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
These records are maintained in file folders and in computer databases.
These records are indexed by the names of the individuals on whom they are maintained.
Access to and use of these records are limited to those persons whose official duties require such access.
RETENTION AND DISPOSAL:
These records are maintained for one year after resolution of the case and then transferred to the Federal Records Center where they are destroyed after three years.
SYSTEM MANAGER(S) AND ADDRESS:
Within the agency or department where the complaint of discrimination
was filed, the system manager is the Director of the Office of Equal
Employment Opportunity or other official designated as responsible for the administration and enforcement of equal employment opportunity laws
and regulations within the agency or department.
Where an individual has requested a hearing, the system manager of hearing records is the Director of the Office of Field Programs, 1801 L Street, NW., Washington, DC 20507.
Where an EEO complaint or final negotiated grievance decision has been appealed to EEOC or an individual has petitioned EEOC for review of a decision of the Merit Systems Protection Board, the system manager of the appeal or petition file is the Director, Office of Federal Operations, 1801 L Street, NW., Washington, DC.
RECORD ACCESS PROCEDURES:
CONTESTING RECORD PROCEDURES:
RECORD SOURCE CATEGORIES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to subsection (k)(2) of the Privacy Act, 5 U.S.C. 552a(k)(2), this system of records is exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the Act.
FEDERAL REGISTER HISTORY:
April 26, 2006, 71 FR 24704; July 30, 2002, 67 FR 49338