[Federal Register: July 30, 2002 (Volume 67, Number 146)]
[Notices]               
[Page 49338-49355]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy02-70]                         
 
EEOC/GOVT-1
 
System Name:
    Equal Employment Opportunity in the Federal Government Complaint 
and Appeal Records.
 
System Location:
    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 (see Appendix A).
 
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 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).
 
Purpose(s):
    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:
    a. 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.
    b. 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.
    c. 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.
    d. 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.
    e. 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.
    f. 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.
    g. 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.
    h. To disclose information to employees of contractors engaged by 
an agency to carry out the agency's responsibilities under 29 CFR part 
1614.
    i. 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:
Storage:
    These records are maintained in file folders and in computer 
databases.
 
Retrievability:
    These records are indexed by the names of the individuals on whom 
they are maintained.
 
Safeguards:
    Access to and use of these records are limited to those persons 
whose official duties require such access.
 
[[Page 49355]]
 
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 or reprisal 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 appealed an EEO complaint or final 
negotiated grievance decision to the EEOC or petitioned the EEOC to 
review a decision of the Merit Systems Protection Board, the system 
manager of the appeal or petition file is the Director, Office of 
Federal Operations, Equal Employment Opportunity Commission, 
Washington, DC 20507.
 
Systems Exempted from Certain Provisions of the Act:
    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.