[Federal Register: July 30, 2002 (Volume 67, Number 146)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
Equal Employment Opportunity in the Federal Government Complaint
and Appeal Records.
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).
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
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
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:
These records are maintained in file folders and in computer
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 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.