[Federal Register Volume 59, Number 46 (Wednesday, March 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5368]
[[Page Unknown]]
[Federal Register: March 9, 1994]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Privacy Act of 1974; Publication of Notices of Systems of Records
and Proposed New Routine Uses
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice; publication of notices of systems of records, and
proposed new routine uses.
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SUMMARY: This notice proposes new routine uses for two of the Equal
Employment Opportunity Commission's systems of records and proposes a
change to one routine use found in ten of its systems of records. This
action also makes non-substantive changes in the title of some system
managers or the name and address of the office in which systems are
located to reflect internal EEOC reorganizations. This notice
republishes EEOC's notices for its internal and Governmentwide systems
of records in one issue of the Federal Register so that an accurate and
complete text of the notices is available for use by individuals and by
agency Privacy Act officers.
DATES: The non-substantive changes are effective on March 9, 1994. The
proposed new and amended routine uses will become effective, without
further notice, on May 9, 1994, unless comments dictate otherwise.
ADDRESSES: Written comments may be sent to the Office of Executive
Secretariat, Equal Employment Opportunity Commission, room 10402, 1801
L Street, NW., Washington, DC 20507. Copies of this notice are
available in the following alternate formats: Large print, braille,
electronic file on computer disk, and audio-tape. Copies be obtained
from the Publications Center by calling 1-800-699-3362.
FOR FURTHER INFORMATION CONTACT:
Nicholas M. Inzeo, Associate Legal Counsel, Thomas J. Schlageter,
Assistant Legal Counsel or Kathleen Oram, Senior Attorney (202) 663-
4669 (voice) or (202) 663-7026 (TDD).
SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission
last published its systems notices in 1991. To be in conformance with
case law, the Commission is proposing to amend one of the routine uses
found in ten of its notices regarding disclosing information to comply
with a subpoena. As presently written, this routine use allows the
system manager to provide information when served with a subpoena, even
if the Government is not a party to the litigation or to the
administrative proceeding. In light of Doe v. Stephens, 851 F.2d 1457
(D.C. Cir. 1988) and Doe v. DiGenova, 779 F.2d 74 (D.C. Cir. 1985), the
Commission has decided that the issuance of a subpoena by itself no
longer qualifies as a valid routine use under subsection (b) of the
Privacy Act. Therefore, the Commission will no longer make disclosures
in response to a subpoena unless the Government is a party to the
judicial or administrative proceeding. In those situations where the
Government is not a party to the proceeding, records may be disclosed
if a judge has actually signed the subpoena. In those cases, the
disclosure will be made in accordance with subsection (b)(11) of the
Privacy Act.
Other changes in this notice are the deletion of two routine uses
and addition of two other routine uses to one system of records and the
addition of a routine use to another system of records.
A brief description of the major changes follows:
EEOC-1 Age and Equal Pay Act Discrimination Case Files. Routine
use ``f'' is amended as described above.
EEOC-3 Title VII and Americans With Disabilities Act
Discrimination Case Files. Routine use ``f'' is amended as described
above.
EEOC-5 Correspondence and Congressional Inquiries. Routine use
``b'' is amended as described above.
EEOC-7 Employee Pay and Leave Records. Routine use ``j'' is
amended as described above.
EEOC-8 Employee Travel and Reimbursement Records. Routine use
``f'' is amended as described above.
EEOC-9 Claims Collection Records. Routine uses ``k'' and ``l'' are
removed. The Commission received comments from the Internal Revenue
Service indicating that the disclosures permitted under them are overly
broad. After reviewing the routine uses, EEOC has determined that
routine uses ``k'' and ``l'' are not necessary. In addition, EEOC
proposes to add two new routine uses to this system to permit
disclosure of claims collection records to the Defense Manpower Data
Center, Department of Defense, and the United States Postal Service to
conduct computer matching programs to locate federal employees who owe
debts to the U.S. Government under EEOC programs.
EEOC-10 Grievance Records. Routine ``d'' is amended as described
above.
EEOC-11 Records of Adverse Actions Against Nonpreference Eligibles
in the Expected Service. Routine use ``f'' is amended as described
above.
EEOC-12 Telephone Call Detail Records. Routine use ``c'' is
amended as described above.
EEOC-13 Employee Identification Cards. Routine use ``c'' is
amended as describe above.
EEOC/GOVT-1 Equal Employment Opportunity in the Federal Complaint
and Appeal Records. Routine use ``b'' is amended as described above. In
addition, the Commission proposes to add a routine use permitting
disclosure of EEO complaint and appeal records in response to a request
for discovery or for appearance of a witness, when the requested
information is relevant to the subject matter involved in a pending
judicial or administrative proceeding. The Commission believes that the
addition of this routine use will facilitate resolution of
discrimination complaints in the Federal Government.
The proposed routine uses noted above meet the compatibility
criteria since the information involved is collected for the purpose of
the applicable routine uses. We anticipate that any disclosure pursuant
to these routine uses will not result in any unwarranted adverse
effects on personal privacy.
In addition to the changes noted above, the Commission has amended
several system notices to reflect current office names and has amended
appendix A to reflect current addresses of Commission offices.
A complete list of all EEOC systems of records is published below.
The complete text of the notices follows.
For the Commission.
Tony E. Gallegos,
Chairman.
EEOC Systems of Records
EEOC-1 Age and Equal Pay Act Discrimination Case Files.
EEOC-2 Attorney Referral List.
EEOC-3 Title VII and Americans with Disabilities Act
Discrimination Case Files.
EEOC-4 Biographical Files.
EEOC-5 Correspondence and Congressional Inquiries.
EEOC-6 Employee Assistance Program Records.
EEOC-7 Employee Pay and Leave Records.
EEOC-8 Employee Travel and Reimbursement Records.
EEOC-9 Claims Collection Records.
EEOC-10 Grievance Records.
EEOC-11 Records of Adverse Actions Against Nonpreference
Eligibles in the Excepted Service.
EEOC-12 Telephone Call Detail Records.
EEOC-13 Employee Identification Cards.
EEOC-14 Employee Parking Records.
EEOC/GOVT-1 Equal Employment Opportunity in the Federal
Government Complaint and Appeal Records.
EEOC-1
Age and Equal Pay Act Discrimination Case Files.
Field Office where the charge or complaint of discrimination was
filed (see appendix A).
Persons other than federal employees and applicants who file
charges or complaints with EEOC alleging that an employer, employment
agency or labor organization has violated the Age Discrimination in
Employment Act of 1967 or the Equal Pay Act of 1963.
This system contains the records compiled during the investigation
of age and equal pay discrimination cases. These records include:
a. Documents submitted by charging party or complainant such as
charge of discrimination, personal interview statement, and
correspondence.
b. Documents submitted by employer such as statement of position,
correspondence, statements of witnesses, documentary evidence such as
personnel files, records of earnings, employee benefit plans, seniority
list, job titles and descriptions, applicant data, organizational
charts, collective bargaining agreements, petition to revoke or modify
subpoena.
c. Records gathered and generated by EEOC in the course of its
investigation such as letters of referral to state fair employment
practices agencies, correspondence with state fair employment practices
agencies, witness statements, investigator's notes, investigative plan,
report of initial and exit interview, investigator's analyses of
evidence and charge, subpoenas, decisions and letters of determination,
conciliation agreements, correspondence and any additional evidence
gathered during the course of the investigation.
5 U.S.C. 301; 29 U.S.C. 209, 211, 216, 217, 635; 44 U.S.C. 3101.
These records and information in these records may be used:
a. To disclose pertinent information to a federal, state, or local
agency or third party as may be appropriate or necessary to perform the
Commission's functions under the Age Discrimination in Employment Act
or Equal Pay Act.
b. To disclose information contained in these records to state and
local agencies administering state or local fair employment practices
laws.
c. To disclose non-confidential and non-privileged information from
closed ADEA/EPA case files (a file is closed when the Commission has
terminated its investigation and has decided not to sue) to the
employer where a lawsuit has been filed against the employer involving
that information, to other employees of the same employer who have been
notified by the Commission of their right under 29 U.S.C. 216 to file a
lawsuit on their own behalf, and their representatives.
d. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of a party to the charge.
e. 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 EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
f. 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.
These records are maintained in file folders and in computer
processable storage media.
These records are cross-indexed by charging party name, employer
name and charge number. The records may be retrieved by any of the
above three indexes.
Paper records are maintained in a secured area to which only
authorized personnel have access. Access to and use of these records is
limited to those persons whose official duties require such access. The
premises are locked when authorized personnel are not on duty. Access
to computerized records is limited, through use of access codes and
entry logs, to those whose official duties require access.
Cases that are dismissed or closed for other than no cause are
destroyed six months following the date of dismissal or closure. No
cause files that are of value in the development of future class action
or pattern and practice cases are retired to the Federal Records Center
one year after the date of the last action and destroyed after three
additional years. All other no cause files are destroyed one year after
the date of the last action. Negotiated settlement files are destroyed
one year after the calendar year in which the settlement agreement is
signed or after all obligations under the agreement are satisfied,
whichever occurs later. Where monetary benefits are realized in
concurrent Age, Equal Pay, and Title VII cases, the file is destroyed
three years after the date of the last action. Other files are retired
to the Federal Records Center one year after the date of the last
action, including action in the federal courts or the last compliance
review (the final report submitted by the respondent after conciliation
to indicate compliance) and destroyed after three additional years,
except landmark cases. Landmark cases are transferred to the nearest
Federal Records Center two years after final court action and offered
to the National Archives ten years after final court action.
Director of the field office where the charge was filed (see
appendix A).
This system is exempt under 5 U.S.C. 552a(k)(2) from subsections
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the
Act.
EEOC-2
Attorney Referral List.
All District Offices (see appendix A).
Attorneys who represent plaintiffs in employment discrimination
litigation.
This system contains attorneys' names, business addresses and
telephone numbers, the nature and amount of civil rights litigation
experience, state and federal bar admission, whether the attorneys have
the capacity and desire to handle class actions; whether the attorneys
charge consultation fees (and how much); whether the attorneys will
waive the consultation fee; the types of fee arrangements the attorneys
will accept, and whether the attorneys speak a foreign language
fluently.
42 U.S.C. 2000e-4(g); 44 U.S.C. 3101.
These records and information in these records may be used:
a. To refer charging parties to attorneys who handle litigation of
employment discrimination lawsuits.
b. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
Stored on prepared forms and index cards.
Indexed alphabetically by names of the attorneys.
Access to this system of records is restricted to EEOC personnel
who have a legitimate use for the information. This system is stored in
filing cabinets.
Files are reviewed and updated annually.
Regional Attorney at each District Office (see appendix A).
Inquiries concerning this system of records should be addressed to
the appropriate system manager. It is necessary to furnish the
following information: (1) Full name of the individual whose records
are requested; (2) mailing address to which reply should be sent.
Same as above.
Same as above.
The individual on whom the record is maintained.
EEOC-3
Title VII and Americans With Disabilities Act Discrimination Case
Files.
Field Office where the charge of discrimination was filed (see
appendix A).
Persons, other than federal employees and applicants, who file
charges alleging that an employer, employment agency, labor
organization or joint labor-management apprenticeship committee has
violated Title VII of the Civil Rights Act of 1964 or the Americans
With Disabilities Act of 1990, or both.
This system contains records compiled during the investigation of
race, color, religion, sex, and national origin discrimination cases
and cases of discrimination against individuals with disabilities.
These records include:
a. Documents submitted by charging party, such as charge of
discrimination, personal interview statement, medical records and
correspondence.
b. Documents submitted by employer such as statement of position,
correspondence, statements of witnesses, documentary evidence such as
personnel files, records of earnings, EEO data, employee benefit plans,
seniority list, job titles and descriptions, applicant data,
organizational charges, collective bargaining agreements, petition to
revoke or modify subpoena.
c. Records gathered and generated by EEOC in the course of its
investigation such as letters to state or local fair employment
practice agencies, correspondence with state fair employment practice
agencies, witness statements, investigator's notes, investigative plan,
investigator's analyses of the evidence and charge, report of initial
and exit interviews, copy of deferral to state, subpoenas, decisions
and letters of determination, analysis of deferral agency action,
conciliation agreements, correspondence and any additional evidence
gathered during the course of the investigation.
5 U.S.C. 301; 42 U.S.C. 2000e-5, -8 and -9; 42 U.S.C. 12117; 44
U.S.C. 3101.
These records and information in these records may be used:
a. To disclose pertinent information to a federal, state, or local
agency or third party as may be appropriate or necessary to perform the
Commission's functions under Title VII of the Civil Rights Act of 1964
and the Americans With Disabilities Act of 1990.
b. To disclose information contained in these records to state and
local agencies administering state or local fair employment practices
laws.
c. To disclose non-confidential or non-privileged information
contained in these records to the following persons after a notice of
right to sue has been issued:
1. Aggrieved persons and their attorneys in case files involving
Commissioner Charges provided that such persons have been notified of
their status as aggrieved persons;
2. Persons or organizations filing on behalf of an aggrieved person
provided that the aggrieved person has given written authorization to
the person who filed on his or her behalf to act as the aggrieved
person's agent for this purpose, and their attorneys;
3. Employers and their attorneys, provided that the charging party
or aggrieved person has filed suit under Title VII or the Americans
With Disabilities Act, or both.
d. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
e. To disclose pertinent information to the appropriate federal,
state or local agencies responsible for investigating, prosecuting,
enforcing or implementing a statute, rule, regulation or order, where
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
f. 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.
These records are maintained in file folders and in computer
processable storage media.
These records are cross-indexed by charging party name, employer
name and charge number. The records may be retrieved by any of the
above three indexes.
Paper records are maintained in a secured area to which only
authorized personnel have access. Access to and use of these records is
limited to those persons whose official duties require such access. The
premises are locked when authorized personnel are not on duty. Access
to computerized records is limited, through use of access codes and
entry logs, to those whose official duties require access.
Cases that are dismissed or closed for other than no cause are
destroyed six months following the date of dismissal or closure. No
cause files that are of value in the development of future class action
or pattern and practice cases are retired to the Federal Records Center
one year after the date of the last action and destroyed after three
additional years. All other no cause files are destroyed one year after
the date of the last action. Negotiated settlement files are destroyed
one year after the calendar year in which the settlement agreement is
signed or after all obligations under the agreement are satisfied,
whichever occurs later. Where monetary benefits are realized in
concurrent Age, Equal Pay, Title VII and Americans With Disabilities
Act cases, the file is destroyed three years after the date of the last
action. Other files are retired to the Federal Records Center one year
after the date of the last action, including action in the federal
courts or the last compliance review (the final report submitted by the
respondent after conciliation to indicate compliance) and destroyed
after three additional years, except landmark cases. Landmark cases are
transferred to the nearest Federal Records Center two years after final
court action and offered to the National Archives ten years after final
court action.
Director of the field office where the charge was filed.
This system is exempt under 5 U.S.C. 552a(k)(2) from subsection
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f) of the
Act.
EEOC-4
Biographical Files.
Office of Communications and Legislative Affairs, Equal Employment
Opportunity Commission, 1801 L Street, NW., Washington, DC 20507.
Current and former Commissioners, General Counsels and Commission
officials.
Includes for each the name, date and place of birth, education,
employment history, and other biographical information.
44 U.S.C. 3101, 42 U.S.C. 2000e-4.
These records and information in these records may be used.
a. To answer public and congressional inquiries regarding EEOC
Commissioners, General Counsels and Commission officials.
Stored in locking metal file cabinets available to office
employees.
Indexed by last name of the Commissioner, General Counsel or
Commission official.
Files are kept in the Office of Communications and Legislative
Affairs, which is locked evenings, weekends and holidays.
Maintained permanently.
Director, Office of Communications and Legislative Affairs, Equal
Employment Opportunity Commission, 1801 L Street, NW., Washington, DC
20507.
Inquiries concerning this system of records should be addressed to
the system manager. All inquiries should furnish the full name of the
individual and the mailing address to which the reply should be mailed.
Same as above.
Same as above.
The individual to whom the record pertains.
EEOC-5
Correspondence and Congressional Inquiries.
Office of Communications and Legislative Affairs, Equal Employment
Opportunity Commission, 1801 L Street, NW., Washington, DC 20507.
Charging parties, members of the general public, members of
Congress and current and former EEOC employees who write letters to
EEOC seeking information or assistance whose inquiries are referred to
the Office of Communications and Legislative Affairs for response.
a. Inquiries from Members of Congress, the White House and members
of the general public, including current and former EEOC employees.
b. EEOC responses to the above inquiries.
c. Computer tracking system indicating the dates inquiries are
received, to whom and when they are assigned for response and the dates
they are answered.
44 U.S.C. 3101; 42 U.S.C. 2000e-4.
These records and information in these records may be used:
a. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office at the request of the individual.
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.
The records are maintained in file cabinets and on computer tape.
Correspondence from members of Congress is indexed alphabetically
by the last name of the member. General correspondence are indexed
alphabetically by the last name of the individual making the inquiry or
on whose behalf the inquiry is made. Computer entries are retrievable
by name of author of a letter, by name of person or office referring
letter to the Office of Communications and Legislative Affairs, by
subject, by key word, by reference number, by name of person to whom
assigned, and by dates assigned, due and answered.
Files are kept in locking metal cabinets in the Office of
Communications and Legislative Affairs, which is locked evenings,
weekends and holidays. Computer information is coded with access
limited to employees of the Office of Communications and Legislative
Affairs and the Office of Information Systems Services.
Correspondence is maintained for three years from the date of the
last correspondence and then destroyed. Correspondence control
information is maintained in the computer for four years.
Director, Office of Communications and Legislative Affairs, Equal
Employment Opportunity Commission, 1801 L Street, NW., Washington, DC
20507.
Inquiries concerning this system of records should be addressed to
the system manager. All inquiries should furnish the full name of the
individual and the mailing address to which the reply should be mailed.
Same as above.
Same as above.
Members of Congress, their staffs, the White House, charging
parties, members of the general public, current and former EEOC
employees.
EEOC-6
Employee Assistance Program Records.
Employee Assistance Program contractor.
Current EEOC employees who have been referred to or contacted the
Employee Assistance Program because of personal problems, emotional
problems, or alcohol or drug abuse.
May contain information relating to individuals counseled by the
Employee Assistance Program including supervisor's referral (if the
employee was referred by the supervisor), documentation of visits to
employee counselors (federal, state, local government, or private), and
notes or records made by the counselor of discussions held with the
employee or with the physician, therapist or health care professional
of the employee. In addition, records in this system may include
documentation of treatment by a therapist at a federal, state, local
government, or private institution, summary information produced at
case closure, and other documents deemed pertinent to the provision of
program services to the employee.
42 U.S.C. 290dd-1 and -3; 290ee-1 and -3; 5 U.S.C. 7901; 44 U.S.C.
3101.
These records and information in these records may be used:
a. To disclose information to authorized personnel of the
contractor that administers the EEOC Employee Assistance Program.
b. To disclose information to medical personnel to meet a bona fide
medical emergency.
c. To disclose information to qualified personnel for the purpose
of conducting scientific research, management audits, financial audits,
or program evaluation, but such personnel may not identify, directly or
indirectly, any individual patient in any report or otherwise disclose
patient identities in any manner (when such records are provided to
qualified researchers employed by the Commission, all patient
identifying information shall be removed).
Note: Disclosure of these records beyond officials of the
Commission having a bona fide need for them or to the person to whom
they pertain is rarely made because disclosures of information
pertaining to an individual with a history of alcohol or drug abuse
must be limited to comply with the restrictions of the regulations
regarding the Confidentiality of Alcohol and Drug Abuse Patient
Records, 42 CFR part 2, as authorized by 42 U.S.C. 290dd-3 and
290ee-3. Records pertaining to the physical and mental fitness of
employees are, as a matter of Commission policy, afforded the same
degree of confidentiality and are generally not disclosed.
Maintained in file folders.
Indexed by name of employee.
Files are maintained in locked cabinets accessible only to Employee
Assistance Program personnel.
Records are retained until three years after the employee has
ceased contact with the counselor or until the employee's separation or
transfer, whichever comes first.
Administrator, Employee Assistance Program, Office of Management,
Equal Employment Opportunity Commission, 1801 L Street NW., Washington,
DC 20507; Field Office Directors (see appendix A).
Any person wanting to know whether this system of records contains
information about him or her should contact the appropriate system
manager. Such person should provide his or her full name, date of
birth, and social security number.
Same as above.
Same as above.
The sources of these records are:
a. The employee or members of the employee's family;
b. Persons to whom the employee has been referred for assistance;
c. Commission officers and employees;
d. Program counselors.
EEOC-7
Employee Pay and Leave Records.
All locations listed in appendix A.
Current and former employees of EEOC.
Time and attendance cards and forms; leave records (includes
employee name, branch or office, pay period ending, leave and overtime
used during the pay period); requests for leave (earned or advanced) or
leave of absence; requests for an authorization of overtime; annual
attendance record (indicates name, social security number, service
computation date, hours and dates worked and taken as leave, pay plan,
salary and occupation code, grade, leave earned and used); thrift
savings plan participation, deductions for medicare, FICA, taxes, life
and health insurance, union contributions, charitable contributions,
savings allotments and bond issuance and bond balance.
5 U.S.C. 301; 44 U.S.C. 3101.
These records and information in these records may be used:
a. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
b. To provide a copy of an employee's Department of the Treasury
Form W-2, Wage and Tax Statement, to the state, city or other local
jurisdiction which is authorized to tax the employee's compensation.
The record will be provided in accordance with a withholding agreement
between the state, city or other jurisdiction and the Department of the
Treasury pursuant to 5 U.S.C. 5516, 5517, or 5520, or in response to a
written request from an appropriate official of the taxing
jurisdiction. The request must include a copy of the applicable statute
or ordinance authorizing the taxation of compensation and should
indicate whether the authority of the jurisdiction to tax their
employee is based on place of residence, place of employment, or both.
c. To disclose copies of executed city tax withholding certificates
to a city pursuant to a withholding agreement between the city and the
Department of the Treasury (5 U.S.C. 5520) in response to a written
request from an appropriate city official.
d. To disclose the social security number only, in the absence of a
withholding agreement, to a taxing jurisdiction that has furnished this
agency with evidence of its independent authority to compel disclosure
of the social security number, in accordance with section 7 of the
Privacy Act, 5 U.S.C. 552a note.
e. 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
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
f. To disclose to an agency in the executive, legislative or
judicial branch or the District of Columbia's Government 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, the letting of a contract, the
issuance of a license, grant, or other benefits by the requesting
agency, 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.
g. 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.
h. To disclose to the Office of Personnel Management in accordance
with the agency's responsibility for evaluation and oversight of
Federal personnel management.
i. To disclose officers and employees of the General Services
Administration in connection with administrative services provided to
this agency under agreement with GSA.
j. 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.
Disclosures may be made from this system to consumer reporting
agencies as defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
Stored on magnetic tape and in file folders.
Indexed by an assigned employee code.
Access to these records is limited to employees whose official
duties require such access.
The records are destroyed after three years.
Director of each Commission Office (See Appendix A).
Inquiries concerning this system of records should be addressed to
the system manager. It is necessary to furnish the following
information: (1) Name; (2) social security number; (3) mailing address
to which the response is to be sent.
Same as above.
Same as above.
Official personnel folder, data submitted by employees and data
submitted by the offices where the individuals are or were employed.
EEOC-8
Employee Travel and Reimbursement Records.
All locations listed in appendix A.
Current and former employees.
Includes travel orders, travel vouchers, records of travel
advances, amounts owed the agency by employees for travel and other
purposes, amounts payable to the employee for travel and other
purposes, payments made to the employees for travel and other
reimbursable transactions and a record of the difference between the
cost of official travel as estimated in the travel order and the amount
actually expended by the employee.
31 U.S.C. 3512, 44 U.S.C. 3101.
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
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
b. To disclose to an agency in the executive, legislative or
judicial branch or the District of Columbia's Government, 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, the letting of
a contract, the issuance of a license, grant, or other benefits by the
requesting agency, 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.
c. 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.
d. To disclose to the Office of Personnel Management in accordance
with the agency's responsibility for evaluation and oversight of
Federal personnel management.
e. To disclose to officers and employees of the General Services
Administration in connection with administrative services provided to
this agency under agreement with GSA.
f. 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.
g. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
Disclosures may be made from this system to consumer reporting
agencies as defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
Stored on prepared forms.
Indexed alphabetically by name, social security number, and/or
chronologically by event and name.
Access to and use of these records are limited to those persons
whose official duties require such access. Personnel screening is
employed to prevent unauthorized disclosure. Files are stored in
standard cabinets, safes and secured rooms.
These records are destroyed in accordance with GSA General Records
Schedule 2.
Director, Financial Management Division, Financial and Resource
Management Services, EEOC, 1801 L Street, NW., Washington, DC 20507.
Employees of the Commission wishing to know whether information
about them is maintained in this system of records should address
inquiries to the Director of the Office where employed (see appendix
A). The individual should provide his or her full name, date of birth,
social security number and mailing address.
Same as above.
Same as above.
Bills, receipts and claims presented by employees and original data
generated by the Commission.
EEOC-9
Claims Collection Records.
These records are located in the Finance Management Division,
Financial and Resource Management Services, Office of Management, Equal
Employment Opportunity Commission, 1801 L Street NW., Washington, DC
20507.
Any individual who is indebted to the United States as a result of
his or her interaction or financial activities with the Commission or
another federal agency including, but not limited to, any current or
former Commission employee.
This system contains:
a. Case Files. These files contain information and evidence on the
identity and location of the individual who is subject to a claim, the
origin and amount of the indebtedness, decisions and determinations
regarding a claim, actions taken to collect a claim, and the results of
those actions. Depending on the status of a claim, a case file may
include such records as documents evidencing indebtedness, written
demands for payment, required notices, financial statements, medical
disability statements, agency investigative reports, credit reports,
written agreements for payment, intra-agency and inter-agency memoranda
of consultation and opinion on the collection action, documentation
resulting from a hearing, requests for waiver, requests for
reconsideration, written determinations and decisions, certifications
of indebtedness by this or another agency, counterclaims, judgments and
documents evidencing payment or compromise of the debt.
b. Internal Revenue Service (IRS) Mailing Address Index. Consists
of cards containing the name or other identifying information on the
individual for whom mailing address information has been requested and
received from the IRS, the date on which this information was received
from the IRS, and the purpose to which the information has been put.
c. Index on Disclosures to Consumer Reporting Agencies. Records
containing the name and other identifying information on the individual
whose delinquent debt has been reported to consumer reporting agencies,
i.e., credit bureaus, and the kind and type of information reported.
5 U.S.C. 301, 5514, 5522, 5584, 5705, 5724(f); 15 U.S.C. 1692; 26
U.S.C. 6331; 31 U.S.C. 3701, 3702, 3711, 3716, 3717, 3718, 3719; 44
U.S.C. 3101; 4 CFR parts 91-93, 101-105.
These records and information in these records may be used:
a. To disclose information to appropriate officials and employees
of the Department of Justice for the purposes of litigation and forced
collection on administratively uncollected debts.
b. To disclose information to appropriate officials of the
Department of the Treasury and the Office of Management and Budget to
provide reports on debt collection activities.
c. To disclose information to another federal agency for the
purpose of collecting a debt owed to the Commission by an individual
through salary offset or administrative offset undertaken by the other
agency upon proper certification or evidence of the debt owed from the
Commission.
d. To disclose information to another federal agency for the
purpose of collecting a debt owed to that agency by an individual
through salary offset or administrative offset undertaken by the
Commission upon proper certification or evidence of the debt owed from
the other agency.
e. To disclose a debtor's name and social security number to the
Secretary of the Treasury or his or her designee for the purpose of
obtaining the debtor's mailing address from the IRS.
f. To disclose mailing addresses obtained from the IRS to consumer
reporting agencies only for the limited purpose of obtaining a
commercial credit report on the particular taxpayer.
g. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
h. 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
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
i. To disclose to an agency in the executive, legislative or
judicial branch or the District of Columbia's government in response to
its request, or at the initiation of the agency maintaining the
records, 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,
the letting of a contract, the issuance of a license, grant, or other
benefits by the requesting agency, 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.
j. To disclose to officers and employees of the General Services
Administration in connection with administrative services provided to
this agency under agreement with GSA.
k. To disclose information to the Defense Manpower Data Center,
Department of Defense, to secure computer matching services for the
purpose of identifying and locating individuals who are receiving
federal salaries or benefit payments and are delinquent in their
repayment of debts owed to the U.S. government under programs
administered by the Equal Employment Opportunity Commission in order to
collect the debts under the provisions of the Debt Collection Act of
1982 (Pub. L. 97-365) by voluntary repayment, or administrative or
salary offset procedures.
l. To disclose information to the U.S. Postal Service to secure
computer matching services for the purpose of identifying and locating
individuals who are receiving federal salaries or benefit payments and
are delinquent in their repayment of debts owed to the U.S. government
under programs administered by the Equal Employment Opportunity
Commission in order to collect the debts under the voluntary provisions
of the Debt Collection Act of 1982 (Pub. L. No. 97-365) by voluntary
repayment, or by administrative or salary offset procedures.
Disclosures may be made from this system to consumer reporting
agencies as defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f) or the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
These records are maintained in file folders and on microfiche and
index cards.
These records are indexed by the name of the individual and social
security number. The records may be retrieved by either of these
indexes.
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to and use
of these records is limited to those persons whose official duties
require such assess and to those persons indicated in the listing of
routine uses above.
Individual case files are usually retained for two years after the
claim is collected. Case records on individuals whose delinquent debts
are reported to consumer reporting agencies are retained indefinitely.
Other case files may be maintained for a period up to ten years. IRS
Mailing Address Index on any individual is not maintained beyond six
years.
Director, Financial Management and Resource Services, Equal
Employment Opportunity Commission, 1801 L Street, NW., Washington, DC
20507.
Under the Debt Collection Act, individuals are notified if claims
collection records are maintained on them in accordance with statutory
procedures for salary offset, administrative offset, and disclosing
information to a consumer reporting agency. Individuals may also
contact the System Manager in order to obtain notification of claims
collection records on themselves.
Individuals must provide their full names under which records may
be maintained, their social security number, and a mailing address to
which a reply should be sent.
Same as above.
Same as above.
Information in this system of records is provided by or from:
a. The individual on whom the record is maintained;
b. Other Federal agencies;
c. Personnel, payroll, travel records, contract records or other
records;
d. Administrative hearings;
e. Court records;
f. Consumer reporting agencies.
EEOC-10
Grievance Records.
These records are located in Human Resources Management Services,
Office of Management, Equal Employment Opportunity Commission, 1801 L
Street, NW., Washington, DC 20507 and in other headquarter offices and
field offices where the grievances were filed (see appendix A).
Current or former EEOC employees who have submitted grievances to
the EEOC in accordance with part 771 of the regulations of the Office
of Personnel Management (OPM) (5 CFR part 771) and EEOC Order No.
570.003, or a negotiated procedure.
The system contains all documents related to the grievance,
including statements of witnesses, reports of interviews and hearings,
examiners' findings and recommendations, a copy of the original and
final decision, and related correspondence and exhibits. This system
includes files and records of internal grievance and arbitration
systems that EEOC has or may establish through negotiations with
recognized labor organizations.
5 U.S.C. 301; 44 U.S.C. 3101; 5 U.S.C. 7121.
These records and information in these records may be used:
a. To disclose information to any source from which additional
information is requested in the course of processing a grievance, to
the extent necessary to identify the individual, inform the source of
the purpose(s) of the request and identify the type of information
requested.
b. 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
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
c. To disclose to an agency in the executive, legislative or
judicial branch or the District of Columbia's government, 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, the letting of
a contract, the issuance of a license, grant, or other benefits by the
requesting agency, 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.
d. 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.
e. 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.
f. 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.
g. 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.
h. To provide information to officials of labor organizations
recognized under the Civil Service Reform Act when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices and matters effecting work conditions.
These records are maintained in file folders.
These records are retrieved by the names of the individuals on whom
they are maintained.
These records are maintained in lockable metal filing cabinets to
which only authorized personnel have access.
These records are shredded or burned 3 years after closing the
case.
If the grievance is pending at or was never raised beyond the
office level, the system manager is the head of the office. (See
appendix A.) In all other situations, the system manager is the
Director, Employee and Labor Management Relations Division, Office of
Management, EEOC, 1801 L Street, NW., Washington, DC 20507.
It is required that individuals submitting grievances be provided a
copy of the record under the grievance process. They may, however,
contact the agency personnel or designated office where the action was
processed regarding the existence of such records on them. They must
furnish the following information for their records to be located and
identified: (a) Name; (b) approximate date of closing of the case and
kind of action taken; (c) organizational component involved.
Same as above.
Same as above.
Information in this system of records is provided:
a. By the individual on whom the record is maintained;
b. By testimony of witnesses;
c. By agency officials;
d. From related correspondence from organizations or persons.
EEOC-11
Records of Adverse Actions Against Nonpreference Eligibles in the
Excepted Service.
These records are located in Human Resources Management Services,
Equal Employment Opportunity Commission, 1801 L Street, NW.,
Washington, DC 20507 or in the headquarters and field offices in which
the actions have been taken.
Current or former nonpreference eligible, excepted service Equal
Employment Opportunity Commission (EEOC) employees against whom an
adverse action has been proposed or taken and who have not completed
two years of current and continuous service in the same or similar
positions, (This system covers only those adverse action files not
covered by OPM/GOVT-3.)
This system contains records and documents on the processing of
adverse actions for employees who are nonpreference eligibles in the
excepted service and who do not have two years of continuous service in
their positions. The records include copies of the notice of proposed
action, materials relied on by the agency to support the reasons in the
notice, replies by the employee, statements of witnesses, reports, and
agency decisions.
44 U.S.C. 3101.
These records and information in records may be used:
a. To provide information to officials of labor organizations
recognized under 5 U.S.C. Chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel policies,
practices, and matters affecting work conditions.
b. 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, when
the EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
c. To disclose information to any source from which additional
information is requested for processing any of the covered actions or
in regard to any appeal or administrative review procedure, to the
extent necessary to identify the individual, inform the source of the
purpose(s) of the request, and identify the type of information
requested.
d. To disclose information to a federal agency, in response to its
request, in connection with the hiring or retention of an employee, the
issuance of a security clearance, the conducting of a security or
suitability investigation of an individual, or the classifying of jobs,
to the extent that the information is relevant and necessary to the
requesting agency's decision on the matter.
e. 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.
f. 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.
g. 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.
h. 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.
These records are maintained in file folders.
These records are retrieved by the names or social security number
of the individuals on whom they are maintained.
These records are maintained in locked metal filing cabinets to
which only authorized personnel have access.
Records documenting an adverse action are disposed of 4 years after
the closing of the case.
Director, Employee and Labor Relations Division, Office of
Management, and Directors of Field Offices (see appendix A).
Individuals receiving notice of a proposed action are provided
access to all documents supporting the notice. They may also contact
the personnel office where the action was proposed regarding the
existence of such records on them. They must furnish the following
information for their records to be located and identified:
a. Name
b. Approximate date of closing of case and kind of action taken
c. Organizational component involved.
Same as above.
Same as above.
Information in this system of records is provided:
a. By the individual on whom the record is maintained;
b. By witnesses;
c. By agency officials.
EEOC-12
Telephone Call Detail Records.
Resource Management Division of Financial and Resource Management
Services, Office of Management, EEOC, 1801 L Street, NW., Washington,
DC 20507, and each field office listed in appendix A.
Individuals (generally EEOC employees) who make long distance
telephone calls from EEOC telephones and individuals who received
telephone calls placed from or charged to EEOC telephones.
Records relating to the use of EEOC telephones to place long
distance calls; records indicating the assignment of telephone numbers
to employees; records relating to the location of telephones.
44 U.S.C. 3101.
These records and information from these records may be used:
a. 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.
b. To disclose to representatives of the General Services
Administration or the National Archives and Records Administration who
are conducting records management inspections under the authority of 44
U.S.C. 2904 and 2906.
c. 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.
d. 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.
e. To disclose to an agency in the executive, legislative or
judicial branch or the District of Columbia's government in response to
its request, or at the initiation of the EEOC, 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, the letting of a contract, the
issuance of a license, grant or other benefits by the requesting
agency, 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.
f. To disclose to a telecommunications company providing
telecommunications support to permit servicing the account.
These records are maintained in file folders and on computer tape
and printouts.
Records are retrieved by employee name or identification number, by
name of recipient of telephone call, by telephone number.
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to and use
of the records are limited to those persons whose official duties
require such access.
Records are disposed of as provided in the National Archives and
Records Administration's General Records Schedule 12.
Director, Resource Management Division, Financial and Resource
Management Services, EEOC, 1801 L Street, NW., Washington, DC 20507 and
the Directors of the field offices listed in appendix A.
Inquiries concerning this system of records should be addressed to
the system manager. It is necessary to provide the following
information: (1) Name; (2) social security number; (3) telephone number
(office number if Commission employee); (4) mailing address to which
response is to be sent.
Same as above.
Same as above.
Telephone assignment records; call detail listings; results of
administrative inquiries relating to assignment of responsibilities for
placement of specific long distance calls.
EEOC-13
Employee Identification Cards.
Resource Management Division, Financial and Resource Management
Services, Office of Management, EEOC, 1801 L Street, NW., Washington,
DC 20507 and each of the field offices in appendix A.
Current EEOC employees.
Identification cards that include name, signature, social security
number, date of issue and photograph, and list of all persons who
possess current identification cards. In addition, for Headquarters
staff, numbered proximity cards and list of all persons with their
assigned proximity card numbers, all doors controlled by the proximity
cards and all persons permitted access to each door.
44 U.S.C. 3101; 41 CFR 101-20.3.
These records and information from these records may be used:
a. 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.
b. To disclose to other government agencies and to the public
whether an individual is a current employee of the EEOC.
c. 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.
d. 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.
These records are maintained in file folders and on computer tape
and printouts at EEOC headquarters and on the premises of the
contractor responsible for monitoring the system.
Records are retrieved by employee name, by identification number,
and , for Headquarters staff, by proximity card number.
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to and use
of the records are limited to those persons whose official duties
require such access.
Records are destroyed upon termination of employment relationship.
Director, Resource Management Division, Financial and Resource
Management Services, EEOC, 1801 L Street, NW., Washington, DC 20507 and
the Directors of the field offices listed in appendix A.
Inquiries concerning this system of records should be addressed to
the system manager. It is necessary to provide the following
information: (1) Name; (2) social security number; (3) mailing address
to which response is to be sent.
Same as above.
Same as above.
Information contained in this system is obtained from the employee
and, for Headquarters staff, from his or her use of the assigned
proximity card.
EEOC-14
Employee Parking Records.
Resource Management Division, Financial and Resource Management
Services, Office of Management, EEOC, 1801 L Street, NW., Washington DC
20507.
EEOC employees who apply for or have been assigned parking spaces
in the Headquarters building and members of their car pools.
Application for parking space form and addendum form for members of
car pools containing employee name, office, home address and telephone
number, office, home address and telephone number, office telephone
number, description of vehicle, signature and date, and list of
employees with their assigned spaces.
5 U.S.C. 301; 44 U.S.C. 3101; 41 C.F.R. 101-20.1.
These records and information from these records may be used:
a. 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.
b. To disclose information in response to a request for discovery
or for the appearance of a witness, to the extent that the information
disclosed is relevant to the subject matter involved in the pending
judicial or administrative proceeding.
c. To disclose information in a proceeding before a court or
adjudicative body to the extent the information is relevant and
necessary to the proceeding.
d. 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.
These records are maintained in file folders and on computer tape
and printouts.
Records are retrieved by employee name.
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to and use
of the records are limited to those persons whose official duties
require such access.
Records are disposed of upon termination of employment relationship
or earlier release of assigned parking space.
Director, Resource Management Division, Financial and Resource
Management Services, EEOC, 1801 L Street, NW., Washington, DC 20507.
Inquiries concerning this system of records should be addressed to
the system manager. It is necessary to provide the following
information: (1) Name; (2) assigned parking space number or approximate
data of application; (3) mailing address to which response is to be
sent.
Same as above.
Same as above.
Information contained in this system is obtained from the employee.
None.
EEOC/GOVT-1
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).
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.
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.
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 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.
These records are maintained in file folders and in computer
processable storage media.
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.
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.
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.
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.
Appendix A
Albuquerque Area Office (Phoenix District), 505 Marquette, NW.,
Suite 900, Albuquerque, New Mexico 87102-2189.
Atlanta District Office, Citizens Trust Bank Building, Suite 1100,
75 Piedmont Avenue, NE., Atlanta, Georgia 30335.
Baltimore District Office, City Cresent Building, 10 S. Howard St.,
3rd Fl., Baltimore, Maryland 21201.
Birmingham District Office, 1900 3rd Avenue, North, Suite 101,
Birmingham, Alabama 35203-2397.
Boston Area Office (New York District), 1 Congress Street, 10th
Floor, Boston, Massachusetts 02114.
Buffalo Local Office (New York District), 6 Fountain Plaza, Suite
350, Buffalo, New York 14203.
Charlotte District Office, 5500 Central Avenue, Charlotte, North
Carolina 28212-2708.
Chicago District Office, 500 West Madison Street, Suite 2800,
Chicago, Illinois 60661.
Cincinnati Area Office (Cleveland District), 525 Vine Street, Suite
810, Cincinnati, Ohio 45202-3122.
Cleveland District Office, 1660 West Second Street, Suite 850,
Cleveland, Ohio 44113-1454.
Dallas District Office, 207 S. Houston St., 3rd Fl., Dallas, Texas
75202-4726.
Denver District Office, 1845 Sherman Street, 2nd Floor, Denver,
Colorado 80203.
Detroit District Office, 477 Michigan Avenue, Room 1540, Detroit,
Michigan 48226-9704.
El Paso Area Office (San Antonio District), The Commons, Building C,
Suite 100, 4171 North Mesa Street, El Paso, Texas 79902.
Fresno Local Office (San Francisco District), 1265 West Shaw Ave.,
Suite 103, Fresno, California 93711.
Greensboro Local Office (Charlotte District), 801 Summit Avenue,
Greensboro, North Carolina 27405-7813.
Greenville Local Office (Charlotte District), SCN Building, Suite
530, 15 South Main Street, Greenville, South Carolina 29601.
Honolulu Local Office (San Francisco District), 677 Ala Moana
Boulevard, Suite 404, P.O. Box 50082, Honolulu, Hawaii 96813.
Houston District Office, 1919 Smith Street, 7th Floor, Houston,
Texas 77002.
Indianapolis District Office, 101 W. Ohio St., Suite 1900,
Indianapolis, Indiana 46204-4203.
Jackson Area Office (Birmingham District), 207 West Amite Street,
Jackson, Mississippi 39201.
Kansas City Area Office (St. Louis District), 911 Walnut Street,
10th Floor, Kansas City, Missouri 64106.
Little Rock Area Office (Memphis District), 425 W. Capitol Ave., 6th
Fl., Little Rock, Arkansas 72201.
Los Angeles District Office, 255 E. Temple, 4th Fl., Los Angeles,
California 90012.
Louisville Area Office (Indianapolis District), 600 Martin Luther
King Jr. Place, Suite 268, Louisville, Kentucky 40202.
Memphis District Office, 1407 Union Avenue, Suite 621, Memphis,
Tennessee 38104.
Miami District Office, 1 Northeast First Street, 6th Floor, Miami,
Florida 33132-2491.
Milwaukee District Office, 310 West Wisconsin Avenue, Suite 800,
Milwaukee, Wisconsin 53203-2292.
Minneapolis Local Office (Milwaukee District), 330 S. Second Ave.,
Suite 430, Minneapolis, Minnesota 55401-2224.
Nashville Area Office (Memphis District), 50 Vantage Way, Suite 202,
Nashville, Tennessee 37228.
Newark Area Office (Philadelphia District), 1 Newark Center, 21st
Fl., Newark, New Jersey 07102-5233.
New Orleans District Office, 701 Loyola Avenue, Suite 600, New
Orleans, Louisiana 70113-9936.
New York District Office, 7 World Trade Center, 18th Fl., New York,
New York 10048-0948.
Norfolk Area Office (Baltimore District), Systems Management of
America (SMA) Building, 252 Monticello Avenue, 1st Floor, Norfolk,
Virginia 23510.
Oakland Local Office (San Francisco District), 1301 Clay Street,
Suite 1170-N, Oakland, California 94612-5217.
Oklahoma Area Office (Dallas District), 531 Couch Drive, Oklahoma
City, Oklahoma 73102.
Philadelphia District Office, 1421 Cherry Street, 10th Floor,
Philadelphia, Pennsylvania 19102.
Phoenix District Office, 4520 North Central Avenue, Suite 300,
Phoenix, Arizona 85012-1848.
Pittsburgh Area Office (Philadelphia District), 1000 Liberty Avenue,
Room 2038-A, Pittsburgh, Pennsylvania 15222.
Raleigh Area Office (Charlotte District), 1309 Annapolis Drive,
Raleigh, North Carolina 27608-2129.
Richmond Area Office (Baltimore District), 3600 West Broad Street,
Rm. 229, Richmond, Virginia 23230.
San Antonio District Office, 5410 Fredericksburg Road, Suite 200,
San Antonio, Texas 78229-3555.
San Diego Area Office (Los Angeles District), 401 B Street, Suite
1550, San Diego, California 92101.
San Francisco District Office, 901 Market Street, Suite 500, San
Francisco, California 94103.
San Jose Local Office (San Francisco District), 96 North 3rd St.,
Suite 200, San Jose, California 95112.
Savannah Local Office, 410 Mall Blvd., Suite G, Savannah, Georgia
31406.
Seattle District Office, Federal Office Building, 909 First Ave.,
Suite 400, Seattle, Washington 98104-1061.
St. Louis District Office, 625 North Euclid Street, 5th Floor, St.
Louis, Missouri 63108.
Tampa Area Office (Miami District), 501 East Polk Street, 10th
Floor, Tampa, Florida 33602.
Washington Field Office, 1400 L Street, NW., Suite 200, Washington,
DC 20005.
[FR Doc. 94-5368 Filed 3-8-94; 8:45 am]
BILLING CODE 6570-01-M
