[Federal Register Volume 67, Number 146 (Tuesday, July 30, 2002)]
[Notices]
[Pages 49338-49355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18895]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Privacy Act of 1974; Publication of Notices of Systems of Records
and Proposed New Systems of Records
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice; publication of notices of systems of records, and
proposed new systems of records.
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SUMMARY: This notice proposes four new systems of records and changes
to a number of existing systems of records. This notice republishes all
of EEOC's notices for its systems of records subject to the Privacy Act
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 changes to the existing systems of records are effective on
July 30, 2002. The proposed new systems of records will become
effective, without further notice, on September 27, 2002, 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 may be
obtained from the Publications Center by calling 1-800-699-3362.
FOR FURTHER INFORMATION CONTACT: 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 Privacy Act systems notices in 1994. The Commission
proposes four new systems of records to cover, in two cases, new
programs that will collect individually identifiable records and, in
the other two cases, existing records that through the use of
information technology have become individually identifiable. In
addition, the Commission is amending several of its systems to include
additional categories of individuals or of records. The Commission is
adding two new routine uses to its two private sector case files
systems and four new routine uses to its government-wide system of
records covering federal sector complaint and appeal records. Finally,
the Commission has amended several system notices to reflect current
office names and has amended Appendix A to reflect current addresses of
Commission offices. To ensure that users will have a copy of the
current text of each of its system notices, the Commission is
publishing the complete text of all of its systems notices.
A brief description of the major changes follows:
EEOC-1 Age and Equal Pay Act Discrimination Case Files. A new
category of individuals was added to cover individuals who file
complaints under section 321 of the Government Employees Rights Act of
1991.
EEOC-1 Age and Equal Pay Act Discrimination Case Files and EEOC-3
Title VII and Americans With Disabilities Act Discrimination Case
Files. Two new routine uses are proposed for each system. One would
permit disclosure of 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. The proposed routine use in
EEOC-3, the Title VII and ADA case files system, is limited to
disciplinary boards or committees under the control of a state or local
government because these files are covered by the confidentiality
provisions contained in Title VII, 42 U.S.C. 2000e-5(b) and 8(e), and
may not be disclosed to members of the public. Officials of state or
federal governments are not members of the public. The second new
routine use would permit disclosure of information to federal officials
in connection with hiring, issuing a security clearance, or conducting
a background check. The Commission has determined that these proposed
routine uses are compatible with the law enforcement purpose of the
systems of records.
EEOC-5 General Correspondence Records. The system of records was
[[Page 49339]]
amended to cover all correspondence and communications, by letter,
phone call, or email, throughout the agency to reflect the use of
computerized tracking systems in many offices.
EEOC-7 Employee Pay and Leave Records. Routine use i was amended to
replace the General Services Administration with the Department of
Interior. EEOC has switched its pay and leave system administration
from the General Services Administration to the Department of the
Interior.
EEOC-8 Employee Travel and Reimbursement Records. Routine use e was
amended to replace the General Services Administration with the
Department of Interior. EEOC has switched its financial management
administrative services from GSA to the Department of the Interior.
EEOC-9 Claims Collection Records. Routine use j was amended to
replace the General Services Administration with the Department of
Interior. EEOC has switched its financial management administrative
services from GSA to the Department of the Interior.
EEOC-12 Telephone Call Detail Records. The categories of
individuals and records were amended to include U.S. government phone
card holders and phone card records, including billing records.
EEOC-13 Employee Identification Cards. The categories of records
was amended to cover proximity card lists and records throughout the
agency, where applicable. The system was previously limited to
Headquarters proximity card holders.
EEOC-15 Internal Harassment Inquiries. The Commission approved an
internal order governing investigations of allegations of harassment
made by EEOC employees. This new system of records covers current or
former EEOC employees' complaints or reports of harassment, witness
statements, reports of interviews, findings and recommendations,
decisions and corrective actions taken and related correspondence and
exhibits. Nine routine uses are proposed for the system. In addition,
it is proposed to exempt this system from certain provisions of the
Privacy Act pursuant to section (k)(2) of the Act. A Notice of Proposed
Rulemaking is published separately in today's Federal Register
proposing amendments to EEOC's Privacy Act regulations that describe
this exemption.
EEOC-16 Office of Inspector General Investigative Files. The Office
of the Inspector General has reorganized its filing system and will be
maintaining its investigative files by the name of the individuals who
are subjects of investigations by the Office relating to the programs
and operations of the EEOC. The Commission is adding a system of
records covering those files. Six routine uses are proposed for the new
system. In addition, it is proposed to exempt this system of records
from certain provisions of the Privacy Act pursuant to sections (j)(2)
and (k)(2) of the Act. A Notice of Proposed Rulemaking is published
separately in today's Federal Register proposing amendments to EEOC's
Privacy Act regulations that describe those exemptions.
EEOC-17 Defensive Litigation Files. The Commission's Office of
Legal Counsel has upgraded its computerized tracking system and filing
system covering its defensive litigation files and has created a set of
files containing testimony, affidavits and declarations given by
individuals during EEOC's defense of lawsuits brought against the
agency. Consequently, the Commission is adding a system of records
covering the Office of Legal Counsel's defensive litigation files. The
system covers all documents related to civil or administrative
litigation brought against the Commission, which are retrievable by the
name of the individual who filed the litigation or the name of the
individual witnesses who gave testimony, affidavits or declarations
during the course of such litigation. Five routine uses are proposed
for the new system.
EEOC-18 Reasonable Accommodation Records. The Commission has issued
an internal order establishing procedures for providing reasonable
accommodation for individuals with disabilities under the
Rehabilitation Act of 1973. This new system of records covers all
current and former EEOC employees and applicants' requests for
reasonable accommodations, medical records, notes or records made about
requests, decisions on requests and records made to implement or track
decisions on requests. Four routine uses are proposed for the system.
The proposed routine uses in the four new systems of records 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.
EEOC/GOVT-1 Equal Employment Opportunity in the Federal Government
Complaint and Appeal Records. The two routine uses proposed to be added
to EEOC-1 and EEOC-3, permitting disclosure to bar associations or
disciplinary boards and to federal agencies when hiring, or conducting
background checks or security clearances are proposed to be added to
this system as well. They are described in greater detail above. In
addition, the Commission proposes to add a new routine use permitting
disclosure of information to employees of contractors engaged by an
agency to carry out the agency's responsibilities under 29 CFR part
1614. Finally, the Commission proposes to add a new routine use
permitting disclosure of information to potential witnesses during the
course of an investigation, as may be appropriate and necessary to
perform the agency's functions under 29 CFR part 1614. The Commission
has determined that these four proposed routine uses are compatible
with the law enforcement purpose of the system of records.
A complete list of all EEOC systems of records is published below.
The complete text of the notices follows.
For the Commission.
Cari M. Dominguez,
Chair.
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 Communications.
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-15 Internal Harassment Inquiries.
EEOC-16 Office of Inspector General Investigative Files.
EEOC-17 Defensive Litigation Files.
EEOC-18 Reasonable Accommodation Records.
EEOC/GOVT-1 Equal Employment Opportunity in the Federal Government
Complaint and Appeal Records.
EEOC-1
System Name:
Age and Equal Pay Act Discrimination Case Files.
System Location:
Field Office where the charge or complaint of discrimination was
filed (see Appendix A). Records of
[[Page 49340]]
complaints filed under section 321 of the Government Employees Rights
Act of 1991 are located in the Office of Federal Operations, 1801 L
Street, NW., Washington, DC 20507, after a hearing has been requested.
Categories of Individuals Covered by the System:
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, or who file
complaints under section 321 of the Government Employees Rights Act of
1991.
Categories of Records in the System:
This system contains the records compiled during the investigation
of age and equal pay discrimination cases and during the investigation
and hearing of complaints filed under section 321 of the Government
Employees Rights Act of 1991. 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 and, in complaints filed under section 321 of the
Government Employees Rights Act of 1991, during the hearing, 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.
Authority for Maintenance of the System:
5 U.S.C. 301; 29 U.S.C. 209, 211, 216, 217, 625; 44 U.S.C. 3101; 2
U.S.C. 1220.
Purpose(s):
This system is maintained for the purpose of enforcing the
prohibitions against employment discrimination contained in the Age
Discrimination in Employment Act, the Equal Pay Act and section 321 of
the Government Employees Rights Act of 1991.
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 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.
g. 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.
h. 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.
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 retrievable by charging party name, employer name
and charge number.
Safeguards:
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.
Retention and Disposal:
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.
System Manager(s) and Address:
Director of the field office where the charge was filed (see
Appendix A).
[[Page 49341]]
Director of the Office of Federal Operations, 1801 L Street, NW.,
Washington, DC 20507.
System Exempted from Certain Provisions of the Act:
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
System Name:
Attorney Referral List.
System Location:
All District Offices (see Appendix A).
Categories of Individuals Covered by the System:
Attorneys who represent plaintiffs in employment discrimination
litigation.
Categories of Records in the System:
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.
Authority for Maintenance of the System:
42 U.S.C. 2000e-4(g); 44 U.S.C. 3101.
Purpose(s):
This system is maintained for the purpose of providing charging
parties, upon their request, with information about local attorneys who
represent plaintiffs in employment discrimination litigation.
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 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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Stored on prepared forms, index cards and computer databases.
Retrievability:
Indexed alphabetically by names of the attorneys.
Safeguards:
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. Access to computerized records is limited, through use
of access codes and entry logs, to those whose official duties require
access.
Retention and Disposal:
Files are reviewed and updated annually.
System Manager(s) and Address:
Regional Attorney at each District Office (see Appendix A).
Notification Procedure:
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.
Record Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
Record Source Categories:
The individual on whom the record is maintained.
EEOC-3
System Name:
Title VII and Americans With Disabilities Act Discrimination Case
Files.
System Location:
Field Office where the charge of discrimination was filed (see
Appendix A).
Categories of Individuals Covered by the System:
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.
Categories of Records in the System:
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 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 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.
Authority for Maintenance of the System:
5 U.S.C. 301; 42 U.S.C. 2000e-5, -8 and -9; 42 U.S.C. 12117; 44
U.S.C. 3101.
Purpose(s):
This system is maintained for the purpose of enforcing the
prohibitions against employment discrimination contained in Title VII
of the Civil Rights Act of 1964 and the Americans with Disabilities Act
of 1990.
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 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;
[[Page 49342]]
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 a party to the charge.
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.
g. To disclose information to officials of disciplinary boards or
committees under the control of a state or local government when they
are investigating complaints against attorneys in connection with their
representation of a party before EEOC.
h. 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.
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 retrievable by charging party name, employer name
and charge number.
Safeguards:
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.
Retention and Disposal:
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.
System Manager(s) and Address:
Director of the field office where the charge was filed.
Systems Exempted from Certain Provisions of the Act:
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-4
System Name:
Biographical Files.
System Location:
Office of Communications and Legislative Affairs, Equal Employment
Opportunity Commission, 1801 L Street, NW., Washington, DC 20507.
Categories of Individuals Covered by the System:
Current and former Commissioners, General Counsels and Commission
officials.
Categories of Records in the System:
Includes for each the name, date and place of birth, education,
employment history, and other biographical information.
Authority for Maintenance of the System:
44 U.S.C. 3101, 42 U.S.C. 2000e-4.
Purpose(s):
This system is maintained for the purpose of providing information
about EEOC officials to members of the Congress and the public.
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 answer public and congressional inquiries regarding EEOC
Commissioners, General Counsels and Commission officials.
Policies and Practices for Storing, Retrieving, Accessing, Retaining
and Disposing of Records in the System:
Storage:
Stored in locking metal file cabinets available to office employees
and on computer databases.
Retreivability:
Indexed by last name of the Commissioner, General Counsel or
Commission official.
Safeguards:
Files are kept in the Office of Communications and Legislative
Affairs, which is locked evenings, weekends and holidays. Access to
computerized records is limited, through use of access codes and entry
logs, to those whose official duties require access.
Retention and Disposal:
Maintained permanently.
System Manager(s) and Address:
Director, Office of Communications and Legislative Affairs, Equal
Employment Opportunity Commission, 1801 L Street, NW., Washington, DC
20507.
Notification Procedures:
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.
[[Page 49343]]
Record Access Procedures:
Same as above.
Contesting Records Procedures:
Same as above.
Record Source Categories:
The individual to whom the record pertains.
EEOC-5
System Name:
Correspondence and Communications.
System Location:
All locations listed in appendix A and all headquarters offices,
1801 L Street, NW., Washington, DC 20507.
Categories of Individuals Covered by the System:
Charging parties, members of the general public, members of
Congress and current and former federal employees who seek information
or assistance from EEOC.
Categories of Records in the System:
a. Inquiries from Members of Congress, the White House and members
of the general public, including current and former federal 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.
Authority for Maintenance of the System:
44 U.S.C. 3101; 42 U.S.C. 2000e-4.
Purpose(s):
This system is maintained for the purpose of responding to
inquiries from members of Congress and the public seeking information
or assistance.
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 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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
These records are maintained in file cabinets and on computer
databases.
Retrievability:
Computer entries are retrievable by name of author of a letter, by
subject, by key word, by reference number, by name of person to whom
assigned, and by dates assigned, due and answered.
Safeguards:
These records are kept 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.
Retention and Disposal:
Records are maintained for three years from the date of the last
communication and then destroyed. Tracking system information is
maintained in the computer for four years.
System Manager(s) and Address:
Director of each Commission field and Headquarters office. (See
Appendix A.)
Notification Procedure:
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.
Record Access Procedures:
Same as above.
Contesting Records Procedures:
Same as above.
Record Source Categories:
Members of Congress, their staffs, the White House, charging
parties, members of the general public, current and former federal
employees.
EEOC-6
System Name:
Employee Assistance Program Records.
System Location:
Employee Assistance Program contractor.
Categories of Individuals Covered by the System:
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.
Categories of Records in the System:
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.
Authority for Maintenance of the System:
42 U.S.C. 290dd-1 and 3; 290ee-1 and 3; 5 U.S.C. 7901; 44 U.S.C.
3101.
Purpose(s):
This system is maintained for the purpose of providing counseling
services to EEOC employees who have been referred to or contacted the
Employee Assistance Program.
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 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
[[Page 49344]]
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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Maintained in file folders and on computer databases.
Retrievability:
Indexed by name of employee.
Safeguards:
Files are maintained in locked cabinets accessible only to Employee
Assistance Program personnel. Access to computerized records is
limited, through use of access codes and entry logs, to those whose
official duties require access.
Retention and Disposal:
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.
Systems Manager(s) and Address:
Administrator, Employee Assistance Program, Office of Human
Resources, Equal Employment Opportunity Commission, 1801 L Street, NW.,
Washington, DC 20507; Field Office Directors (see Appendix A).
Notification Procedures:
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.
Record Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
Record Source Categories:
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
System Name:
Employee Pay and Leave Records.
System Location:
All locations listed in Appendix A.
Categories of Individuals Covered by the System:
Current and former employees of EEOC.
Categories of Records in the System:
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 advance) 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.
Authority for Maintenance of the System:
5 U.S.C. 301; 44 U.S.C. 3101.
Purpose(s):
The records in this system are maintained in accordance with the
requirements set forth by statutes, regulations and guidance from the
Office of Personnel Management, the General Services Administration and
the Thrift Savings Board. They are maintained for the purpose of
providing salaries and other benefits to EEOC employees.
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 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
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 the 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 to officers and employees of the Department of the
Interior in connection with administrative services provided to this
agency under agreement with DOI.
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
[[Page 49345]]
government is a party to the judicial or administrative proceeding.
k. To disclose information to the Office of Child Support
Enforcement, Administration for Children and Families, Department of
Health and Human Services Federal Parent Locator system (FPLS) and
Federal Tax Offset system for use in locating individuals and
identifying their income sources to establish paternity, establish and
modify orders of support and for enforcement action.
l. To disclose information to the Office of Child Support
Enforcement for release to the Social Security Administration for
verifying social security numbers in connection with the operation of
the FPLS by the Office of Child Support Enforcement.
m. To disclose information to the Office of Child Support
Enforcement for release to the Department of Treasury for purposes of
administering the Earned Income Tax Credit Program (Section 32,
Internal Revenue Code of 1986) and verifying a claim with respect to
employment in a tax return.
Disclosure to Consumer Reporting Agencies:
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)).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Stored electronically and in file folders.
Retrievability:
Indexed by an assigned employee code.
Safeguards:
Access to these records is limited to employees whose official
duties require such access.
Retention and Disposal:
The records are destroyed after three years.
System Manager(s) and Address:
Director of each Commission Office (See Appendix A).
Notification Procedure:
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.
Record Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
Record Source Categories:
Official personnel folder, data submitted by employees and data
submitted by the offices where the individuals are or were employed.
EEOC-8
System Name:
Employee Travel and Reimbursement Records.
System Location:
All locations listed in Appendix A.
Categories of Individuals Covered by the System:
Current and former employees.
Categories of Records in the System:
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.
Authority for Maintenance of the System:
31 U.S.C. 3512, 44 U.S.C. 3101.
Purpose(s):
These records are maintained in accordance with the General Service
Administration's regulations for the purpose of allowing EEOC employees
to travel for official business and reimbursing travel expenses.
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
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 Department of the
Interior in connection with administrative services provided to this
agency under agreement with DOI.
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.
Disclosure to Consumer Reporting Agencies:
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)).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Stored on prepared forms and on computer databases.
Retrievability:
Indexed alphabetically by name, social security number, and/or
chronologically by event and name.
Safeguards:
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. Access to computerized
[[Page 49346]]
records is limited, through use of access codes and entry logs, to
those whose official duties require access.
Retention and Disposal:
These records are destroyed in accordance with GSA General Records
Schedule 2.
System Manager(s) and Address:
Director, Financial Management Division, Office of Chief Financial
Officer and Administrative Services, EEOC, 1801 L Street, NW.,
Washington, DC 20507.
Notification Procedure:
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.
Record Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
Record Source Categories:
Bills, receipts and claims presented by employees and original data
generated by the Commission.
EEOC-9
System Name:
Claims Collection Records.
System Location:
These records are located in the Finance Management Division,
Office of Chief Financial Officer and Administrative Services, Equal
Employment Opportunity Commission, 1801 L Street, NW., Washington, DC
20507.
Categories of Individuals Covered by the System:
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.
Categories of Records in the System:
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.
Authority for Maintenance of the System:
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.
Purpose(s):
This system is maintained for the purpose of collecting debts owed
the United States by individuals as a result of their interaction with
the Commission or another federal agency. The debts are collected in
accordance with the Commission's regulatory debt collection procedures,
which include salary offset, administrative offset, Federal income tax
refund offset and wage garnishment.
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 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 EEOC's debt collection procedures 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 EEOC's debt collection procedures 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 Department of the
Interior in connection with administrative services provided to this
agency under agreement with DOI.
k. To disclose information to the Defense Manpower Data Center,
Department of Defense, to secure
[[Page 49347]]
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. 97-365) by voluntary
repayment, or by administrative or salary offset procedures.
Disclosure to Consumer Reporting Agencies:
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)).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
These records are maintained in file folders and on computer
databases.
Retrievability:
These records are indexed by the name of the individual and social
security number. The records may be retrieved by either of these
indexes.
Safeguards:
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 access.
Retention and Disposal:
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.
System Manager(s) and Address:
Director, Office of Chief Financial Officer and Administrative
Services, Equal Employment Opportunity Commission, 1801 L Street, NW.,
Washington, DC 20507.
Notification Procedures:
Under the Debt Collection Act, individuals are notified if claims
collection records are maintained on them in accordance with statutory
procedures for debt collection, 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.
Record Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
Record Source Categories:
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
System Name:
Grievance Records.
System Location:
These records are located in Office of Human Resources, 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).
Categories of Individuals Covered by the System:
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.
Categories of Records in the System:
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.
Authority for Maintenance of the System:
5 U.S.C. 301; 44 U.S.C. 3101; 5 U.S.C. 7121.
Purpose(s):
These records result from EEOC employees' grievances, filed under
the Commission's administrative grievance procedures or the formal
grievance procedures contained in section 7121 of the Civil Service
Reform Act.
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 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
[[Page 49348]]
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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
These records are maintained in file folders and on computer
databases.
Retrievability:
These records are retrieved by the names of the individuals on whom
they are maintained.
Safeguards:
These records are maintained in lockable metal filing cabinets to
which only authorized personnel have access. Access to computerized
records is limited, through use of access codes and entry logs, to
those whose official duties require access.
Retention and Disposal:
These records are shredded or burned 3 years after closing the
case.
System Manager(s) and Address:
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, Office of Human Resources, EEOC, 1801 L Street, NW.,
Washington, DC 20507.
Notification Procedures:
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.
Records Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
Record Source Categories:
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
System Name:
Records of Adverse Actions Against Nonpreference Eligibles in the
Excepted Service.
System Location:
These records are located in Office of Human Resources, 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.
Categories of Individuals Covered by the System:
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.)
Categories of Records in the System:
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.
Authority for Maintenance of the System:
44 U.S.C. 3101.
Purpose(s):
These records result from the proposal, processing, and
documentation of adverse actions taken by the Commission against
nonpreference eligible, excepted service EEOC employees.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
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.
[[Page 49349]]
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
These records are maintained in file folders and on computer
databases.
Retrievability:
These records are retrieved by the names or social security number
of the individuals on whom they are maintained.
Safeguards:
These records are maintained in locked metal filing cabinets to
which only authorized personnel have access. Access to computerized
records is limited, through use of access codes and entry logs, to
those whose official duties require access.
Retention and Disposal:
Records documenting an adverse action are disposed of 4 years after
the closing of the case.
System Manager(s) and Address:
Director, Office of Human Resources, and Directors of Field Offices
(see Appendix A).
Notification Procedures:
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 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 case and kind of action taken
c. Organizational component involved.
Record Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
Record Source Categories:
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
System Name:
Telephone Call Detail Records.
System Location:
Telecommunications and Networking Division, Office of Information
Resources Management, EEOC, 1801 L Street, NW., Washington DC 20507,
and each field office listed in Appendix A.
Categories of Individuals Covered by the System:
Individuals (generally EEOC employees) who make long distance
telephone calls from EEOC telephones, individuals who received long
distance telephone calls placed from or charged to EEOC telephones, and
individuals who are assigned U.S. government phone cards.
Categories of Records in the System:
Records relating to the use of EEOC telephones and government phone
cards to place long distance calls; records indicating the assignment
of telephone numbers to employees; records relating to the location of
telephones.
Authority for Maintenance of the System:
44 U.S.C. 3101.
Purpose(s):
These records are maintained for the purpose of keeping an account
of long distance telephone calls made from EEOC telephones and charged
to U.S. government phone cards held by EEOC employees and ensuring that
phone calls and card charges are made for official business only.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining
and Disposing of Records in the System:
Storage:
These records are maintained in file folders and on computer
databases.
Retrievability:
Records are retrieved by employee name or identification number, by
name of recipient of telephone call, by telephone number.
Safeguards:
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to
computerized records is limited, through use of access codes and entry
logs, to those whose official duties require access.
Retention and Disposal:
Records are disposed of as provided in the National Archives and
Records Administration's General Records Schedule 12.
System Manager(s) and Address:
Director, Telecommunications and Networking Division, Office of
Information Resources Management, EEOC, 1801 L Street, NW., Washington,
DC 20507 and the Directors of the field offices listed in Appendix A.
Notification Procedures:
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.
Record Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
[[Page 49350]]
Record Source Categories:
Telephone assignment records; call detail listings; results of
administrative inquiries relating to assignment of responsibilities for
placement of specific long distance calls; government phone card bills.
EEOC-13
System Name:
Employee Identification Cards.
System Location:
Resource Management Division, Office of the Chief Financial Officer
and Administrative Services, EEOC, 1801 L Street, NW., Washington DC
20507, and each of the field offices in Appendix A.
Categories of Individuals Covered by the System:
Current EEOC employees.
Categories of Records in the System:
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 office locations
permitting access by proximity cards, 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.
Authority for Maintenance of System:
44 U.S.C. 3101; 41 CFR 101-20.3.
Purpose(s):
These records are maintained for the purpose of ensuring that EEOC
offices and buildings are secure and that only authorized individuals
have access to those offices and buildings.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
These records are maintained in file folders and on computer
databases.
Retrievability:
Records are retrieved by employee name, by identification number,
and, for proximity card holders, by proximity card number.
Safeguards:
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to
computerized records is limited, through use of access codes and entry
logs, to those whose official duties require access.
Retention and Disposal:
Records are destroyed one year after termination of employment
relationship.
System Manager(s) and Address:
Director, Resource Management Division, Office of Chief Financial
Officer and Administrative Services, EEOC, 1801 L Street, NW.,
Washington DC, 20507, and the Directors of the field offices listed in
Appendix A.
Notification Procedures:
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.
Record Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
Record Source Categories:
Information contained in this system is obtained from the employee
and, for proximity card holders, from his or her use of the assigned
proximity card.
EEOC-14
System Name:
Employee Parking Records.
System Location:
Resource Management Division, Office of the Chief Financial Officer
and Administrative Services, 1801 L Street, NW., Washington DC 20507.
Categories of Individuals Covered by the System:
EEOC employees who apply for or have been assigned parking spaces
in the Headquarters building and members of their car pools.
Categories of Records in the System:
Application for parking space form and addendum form for members of
car pools containing employee name, office and telephone number,
signature and date, and list of employees with their assigned spaces.
Authority for Maintenance of System:
5 U.S.C. 301; 44 U.S.C. 3101; 41 CFR 101-20.1.
Purpose(s):
These records are maintained for the purpose of assigning parking
spaces to EEOC headquarters employees in the building parking garage.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
These records are maintained in file folders and electronically.
Retrievability:
Records are retrieved by employee name.
[[Page 49351]]
Safeguards:
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.
Retention and Disposal:
Records are disposed of upon termination of employment relationship
or earlier release of assigned parking space.
System Manager(s) and Address:
Director, Resource Management Division, Office of the Chief
Financial Officer and Administrative Services, EEOC, 1801 L Street,
NW., Washington DC 20507.
Notification Procedures:
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
date of application; (3) mailing address to which response is to be
sent.
Record Access Procedures:
Same as above.
Contesting Record Procedures:
Same as above.
Record Source Categories:
Information contained in this system is obtained from the employee.
Systems Exempted from Certain Provisions of the Act:
None.
EEOC-15
System Name:
Internal Harassment Inquiries.
System Location:
Office of the Executive Secretariat, Equal Employment Opportunity
Commission, 1801 L Street, NW., Washington, DC 20507.
Categories of Individuals Covered by the System:
Current or former EEOC employees who have submitted complaints or
reports of harassment under EEOC Order 560.005, Prevention and
Elimination of Harassment in the Workplace, and current and former EEOC
employees who have been accused of harassment under that Order.
Categories of Records in the System:
The system contains all documents related to a complaint or report
of harassment, including statements of witnesses, reports of
interviews, investigator's and Coordinator's findings and
recommendations, final decisions and corrective action taken, and
related correspondence and exhibits.
Authority for Maintenance of the System:
29 U.S.C. 633a; 29 U.S.C. 791; 42 U.S.C. 2000e-16; 44 U.S.C. 3101;
Exec. Order No. 11478, 34 FR 12985; Exec. Order No. 13087, 63 FR 30097.
Purpose(s):
These records are maintained for the purpose of conducting internal
investigations into allegations of harassment brought by EEOC employees
and taking appropriate action in accordance with EEOC Order 560.005.
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 information as necessary to any source from which
additional information is requested in the course of processing a
complaint or report of harassment made pursuant to EEOC Order 560.005.
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 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 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.
e. 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.
f. 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.
g. To disclose to the complaining party who filed the complaint or
report of harassment and to the alleged harasser the outcome of any
inquiry that may have been conducted and of disciplinary and corrective
steps taken.
h. To provide to officials of labor organizations recognized under
the Civil Service Reform Act information to which they are statutorily
entitled when relevant and necessary to their duties of exclusive
representation concerning personnel polices, practices, and matters
affecting work conditions.
i. To provide to the Office Head of the office handling a statutory
or collective bargaining claim whose subject matter is identical to
that of a complaint or report of harassment filed under EEOC Order
560.005 written notice of the actions taken under the Order regarding
that complaint or report.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
These records are maintained in file folders and on computer
databases.
Retrievability:
These records are cross-indexed by the name of the individual who
files a complaint or report of harassment, the name of the alleged
victim of harassment, if any, and the name of the alleged harasser. The
records may be retrieved by any of the above three indexes.
Safeguards:
The records are maintained in locked metal filing cabinets to which
only authorized personnel have access. Access to computerized records
is limited, through use of access codes and entry logs, to those whose
official duties require access.
Retention and Disposal:
These records are maintained for one year after the complaint or
report of harassment is closed and then transferred to the Federal
Records Center where they are destroyed after three years.
System Manager(s) and Address:
Coordinator of Complaints and Reports of Harassment, EEOC, 1801 L
Street, NW., Washington, DC 20507.
System Exempted from Certain Provisions of the Act:
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-16
System Name:
Office of Inspector General Investigative Files.
[[Page 49352]]
System Location:
Office of Inspector General (OIG), Equal Employment Opportunity
Commission (EEOC), 1801 L Street, NW, Washington, DC 20507.
Categories of Individuals Covered by the System:
Individuals who are subjects of investigations by the Office of
Inspector General relating to the programs and operations of the Equal
Employment Opportunity Commission. Subject individuals include, but are
not limited to, current and former employees; current and former agents
or employees of contractors and subcontractors in their personal
capacity, where applicable; and other individuals whose actions affect
the EEOC, its programs or operations.
Categories of Records in the System:
Correspondence relating to the investigation; internal staff
memoranda; copies of subpoenas issued during the investigation,
affidavits, statements from witnesses, transcripts of testimony taken
during the investigation, and accompanying exhibits; documents, notes,
investigative notes, staff working papers, draft materials and other
documents and records relating to the investigation; opening reports,
progress reports, and closing reports; and other investigatory
information or data relating to the alleged or suspected criminal,
civil, or administrative violations or similar wrongdoing by subject
individuals.
Authority for Maintenance of the System:
The Inspector General Act of 1978, as amended, 5 U.S.C. App.3.
Purpose(s):
Pursuant to the Inspector General Act of 1978, as amended, this
system of records is maintained for the purpose of: (1) Documenting the
conduct and outcome of investigations by the OIG and other
investigative agencies regarding EEOC programs and operations; (2)
reporting the results of investigations to other Federal agencies,
other public authorities or professional organizations which have the
authority to bring criminal prosecutions, or civil or administrative
actions, or to impose other disciplinary sanctions; (3) maintaining a
record of the activities which were the subject of investigations; (4)
reporting investigative findings to other components of EEOC for their
use in operating and evaluating their programs or operations, and in
the imposition of civil or administrative sanctions; (5) coordinating
relationships with other Federal agencies, state and local governmental
agencies and nongovernmental entities in matters relating to the
statutory responsibilities of the OIG; and (6) acting as a repository
and source for information necessary to fulfill the reporting
requirements of the Inspector General Act, 5 U.S.C. App.3.
Routine Uses of Records Maintained in the System, Including Categories
of Users and Purposes of Such Uses:
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 EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
b. To disclose information to any source, private or governmental,
to the extent necessary to secure from such source information relevant
to and in furtherance of a legitimate OIG investigation, audit,
inspection, or other inquiry.
c. To disclose information to agencies, offices or establishments
of the executive, legislative, or judicial branches of the Federal or
state governments:
(1) Where such agency, office, or establishment has an interest in
an individual for employment purposes, including a security clearance
or determination as to access to classified information, and needs to
evaluate the individual's qualifications, suitability, or loyalty to
the United States Government, or access to classified information or
restricted areas, or
(2) Where such agency, office, or establishment conducts an
investigation of the individual for purposes of granting a security
clearance, or for making a determination of qualifications, suitability
or loyalty to the United States Government, or access to classified
information or restricted areas, or
(3) Where the records or information in those records is relevant
and necessary to a decision with regard to the hiring or retention of
an employee or disciplinary or other administrative action concerning
an employee.
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 disclose information to a Congressional office from the
record of an individual in response to an inquiry from the
Congressional office made at the written request of that individual.
f. To private contractors who have been retained by OIG to perform
any functions or analyses that facilitate or are relevant to an OIG
investigation, audit, inspection, or inquiry.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
The OIG Investigative Files consist of paper records maintained in
file folders, cassette tapes of interviews and an automated data base
maintained on computer diskettes.
Retrievability:
The records are retrieved by the name of the subject of the
investigation or by a unique control number assigned to each
investigation.
Safeguards:
The folders, cassettes and diskettes are stored in locked file
cabinets in the OIG. Access is restricted to EEOC personnel whose
official duties require such access.
Retention and Disposal:
Records are held for five (5) years and then retired to the Federal
Records Center.
System Manager(s) and Address:
Inspector General, Equal Employment Opportunity Commission, P. O.
Box 18858, Washington, DC 20036-8858.
System Exempted from Certain Provisions of the Act:
Specific: Pursuant to 5 U.S.C. 552a(k)(2) the Office of Inspector
General Investigative Files are exempt from subsections (c)(3), (d)(1),
(d)(2) and (e)(1) of the Privacy Act.
General: Pursuant to 5 U.S.C. 552a(j)(2), investigatory materials
compiled for criminal law enforcement in the Office of Inspector
General Investigative Files are exempt from subsections (c)(3), (d)(1),
(d)(2), (e)(1), (e)(2), and (e)(3) of the Privacy Act.
EEOC-17
System Name:
Defensive Litigation Files.
System Location:
Office of Legal Counsel, Equal Employment Opportunity Commission,
1801 L Street, NW., Washington, DC 20507.
Categories of Individuals Covered by the System:
Individuals who have filed civil or administrative litigation
against EEOC
[[Page 49353]]
and individuals who have given sworn testimony, affidavits, or
declarations under penalty of perjury in such actions.
Categories of Records in the System:
This system contains all documents related to litigation brought
against the Commission. These records include:
a. Documents submitted or filed by plaintiffs, grievants, and EEO
complainants to prosecute civil or administrative litigation against
the EEOC, such as complaints, grievances, unfair labor practice claims,
motions and briefs.
b. Documents submitted by the EEOC to defend the action against it
such as an answer to a civil complaint or a motion to dismiss or for
summary judgment, and a reply to an administrative EEO complaint,
grievance, or unfair labor practice.
c. Administrative determinations at issue in the litigation such as
final agency EEO decisions, final grievance decisions, final decisions
on personnel actions, final agency administrative dispositions of tort
claims, and agency determinations under the Freedom of Information Act.
d. Discovery and investigatory materials such as witness
statements, affidavits, declarations under penalty of perjury,
correspondence, records, exhibits and other documentary evidence.
e. Litigation materials, such as attorney work product, attorney
notes, hearing transcripts, legal memoranda, and related correspondence
and exhibits.
e. Final judgments, orders, decisions, decrees, and settlement
agreements.
Authority for Maintenance of the System:
44 U.S.C. 3101.
Purpose(s):
These records are maintained for the purpose of defending EEOC in
litigation brought against it by current and former employees, charging
parties, respondents and members of the public.
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 as may be appropriate or
necessary for the Commission to defend itself in a civil action or
administrative proceeding, or to seek enforcement of a settlement,
order or final decision involving the same or a similar matter.
b. To provide information to a congressional office in response to
an inquiry from the congressional office made at the request of a party
to the administrative or civil proceeding to which the record pertains.
c. To disclose pertinent information to an appropriate federal
court, agency or administrative body 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, or in order
to seek enforcement or clarification of an order or decision for or
against the EEOC to which the record pertains.
d. To disclose information to another federal agency or to a court
when the government is a party to the judicial or administrative
proceeding.
e. To disclose, in response to an order, information that is
relevant to a pending judicial or administrative proceeding.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
These records are maintained in locked filing system. Information
identifying existing files is maintained in electronic form accessible
by computer.
Retrievability:
These records are cross-indexed by name of the plaintiff/
complainant/grievant/aggrieved individual, and Office of Legal Counsel
reference number. The records may be retrieved by either index.
Safeguards:
Paper records maintained at EEOC headquarters are kept in locked
cabinets in the Office of Legal Counsel. Access to and use of these
records is limited to those persons whose official duties require such
access. The premises are locked evenings, weekends and holidays. Paper
records which have been retired are maintained at the Federal Records
Center. Access to computerized records is limited, through use of
passwords, to those whose official duties require access, input and
retrieval of information.
Retention and Disposal:
Two years after the date of closure of the underlying civil or
administrative action (e.g., final order, decision on appeal), records
pertaining to that action are retired to the Federal Records Center.
Thereafter, files are destroyed seven years after the date of closure
of the underlying action.
System Manager(s) and Address:
Deputy Legal Counsel, Office of Legal Counsel, Equal Employment
Opportunity Commission, 1801 L Street, NW. Washington, DC 20507.
Notification Procedures:
Any person wanting to know whether this system of records contains
information about him or her should contact the System Manager. Such
person should provide his or her full name, date of birth, social
security number, and mailing address to which a response is to be sent,
and forum, filing date, and docket number of the action involved, if
available.
Record Access Procedures:
The records described herein are compiled in reasonable
anticipation of a civil action or proceeding. Pursuant to section
(d)(5) of the Privacy Act of 1974, as amended, 5 U.S.C. 552a(d)(5), an
individual is precluded from access to such records.
Contesting Records Procedures:
Same as the Notification Procedures above.
Record Source Categories:
Plaintiffs, grievants, complainants, aggrieved individuals, current
and former EEOC employees.
EEOC-18
System Name:
Reasonable Accommodation Records.
System Location:
All locations listed in Appendix A and all headquarters offices,
1801 L Street, NW., Washington, DC 20507.
Categories of Individuals Covered by the System:
Current and former EEOC employees and applicants who have requested
reasonable accommodations under the Rehabilitation Act of 1973.
Categories of Records in the System:
Requests for reasonable accommodations; medical records; notes or
records made during consideration of requests; decisions on requests;
records made to implement or track decisions on requests.
Authority for Maintenance of the System:
The Rehabilitation Act of 1973, 29 U.S.C. 791; E.O. 13164.
Purpose(s):
This system is maintained for the purpose of considering, deciding
and implementing requests for reasonable accommodation made by EEOC
employees and applicants.
[[Page 49354]]
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
a. To disclose information to medical personnel to meet a bona fide
medical emergency.
b. To disclose information to another Federal agency, to a court,
or 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 disclose 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.
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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining
and Disposing of Records in the System:
Storage:
Maintained in file folders and on computer databases.
Retrievability:
Indexed by name of employee or applicant.
Safeguards:
Files are maintained in locked cabinets. Access is restricted to
EEOC personnel whose official duties require such access. Access to
computerized records is limited, through use of access codes and entry
logs, to those whose official duties require access.
Retention and Disposal:
These records will be maintained for the longer of an employee's
tenure with EEOC, or for 5 years. Thereafter, they will be destroyed.
System Manager(s) and Address:
Disability Program Manager, Office of Equal Opportunity, EEOC, 1801
L Street, NW., Washington, DC 20507.
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.
Appendix A
U.S. EEOC Albuquerque District Office, 505 Marquette Street, NW.,
Suite 900, Albuquerque, New Mexico 87102-2158.
U.S. EEOC Atlanta District Office, 100 Alabama Street, SW, Suite
4R30, Atlanta, Georgia 30303.
U.S. EEOC Baltimore District Office, City Crescent Building, 10
South Howard Street, 3rd Floor, Baltimore, Maryland 21201-2526.
U.S. EEOC Birmingham District Office, Ridge Park Place, 1130 22nd
Street, Suite 2000, Birmingham, Alabama 32205.
U.S. EEOC Boston Area Office, John F. Kennedy Fed Bldg., 2400
Government Center, Rm 475, East Tower, Boston, Massachusetts 02114.
U.S. EEOC Buffalo Local Office, 6 Fountain Plaza, Suite 350,
Buffalo, New York 14202.
U.S. EEOC Charlotte District Office, 129 West Trade Street, Suite
400, Charlotte, North Carolina 28202.
U.S. EEOC Chicago District Office, 500 West Madison Street, Suite
2800, Chicago, Illinois 60661.
U.S. EEOC Cincinnati Area Office, 550 Main Street, Suite 10019,
Cincinnati, Ohio 45202.
U.S. EEOC Cleveland District Office, Tower City--Skylight Office
Tower, 1660 West Second Street, Suite 850, Cleveland, Ohio 44113-
1454.
U.S. EEOC Dallas District Office, 207 South Houston Street, 3rd
Floor, Dallas, Texas 75202-4726.
U.S. EEOC Denver District Office, 303 East 17th Avenue, Suite 510,
Denver, Colorado 80203.
U.S. EEOC Detroit District Office, 477 Michigan Avenue, Room 865,
Detroit, Michigan 48226-9704.
U.S. EEOC El Paso Area Office, The Commons Building C, Suite 100,
4171 North Mesa Street, El Paso, Texas 79902.
U.S. EEOC Fresno Local Office, 1265 West Shaw Avenue, Suite 103,
Fresno, California 93711.
U.S. EEOC Greensboro Local Office, 2303 W. Meadowview Road, Suite
201, Greensboro, North Carolina 27405-7813.
U.S. EEOC Greenville Local Office, Wachovia Bldg., 301 North Main
Street, Suite 1420, Greenville, South Carolina 29601.
U.S. EEOC Honolulu Local Office, 300 Ala Moana Boulevard, Room 7123-
A, P.O. Box 50082, Honolulu, Hawaii 96850-0051.
U.S. EEOC Houston District Office, 1919 Smith Street, 7th Floor,
Houston, Texas 77002.
U.S. EEOC Indianapolis District Office, 101 West Ohio Street, Suite
1900, Indianapolis, Indiana 46204-4203.
U.S. EEOC Jackson Area Office, 100 West Capitol Street, Suite 207,
Jackson, Mississippi 39269.
U.S. EEOC Kansas City Area Office, 400 State Avenue, Suite 905,
Kansas City, Missouri 66101.
U.S. EEOC Little Rock Area Office, 425 West Capitol Avenue, Suite
625, Little Rock, Arkansas 72201.
U.S. EEOC Los Angeles District Office, 255 East Temple Street, 4th
Floor, Los Angeles, California 90012.
U.S. EEOC Louisville Area Office, 600 Dr. Martin Luther King Jr.,
Pl., Suite 268, Louisville, Kentucky 40202.
U.S. EEOC Memphis District Office, 1407 Union Avenue, Suite 621,
Memphis, Tennessee 38104.
U.S. EEOC Miami District Office, One Biscayne Tower, 2 South
Biscayne Boulevard, Suite 2700, Miami, Florida 33131.
U.S. EEOC Milwaukee District Office, 310 West Wisconsin Avenue,
Suite 800, Milwaukee, Wisconsin 53203-2292.
U.S. EEOC Minneapolis Local Office, 330 South 2nd Avenue, Suite 430,
Minneapolis, Minnesota 55401-2224.
U.S. EEOC Nashville Area Office, 50 Vantage Way, Suite 202,
Nashville, Tennessee 37228-9940.
U.S. EEOC Newark Area Office, One Newark Center, 21st Floor, Newark,
New Jersey 07102-5233.
EEOC New Orleans District Office, 701 Loyola Avenue, Suite 600, New
Orleans, Louisiana 70113-9936.
U.S. EEOC New York District Office, 201 Varick Street, Room 1009,
New York, New York 10014.
U.S. EEOC Norfolk Area Office, Federal Building, Suite 739, 200
Granby Street, Norfolk, Virginia 23510.
U.S. EEOC Oakland Local Office, 1301 Clay Street, Suite 1170-N,
Oakland, California 94612-5217.
U.S. EEOC Oklahoma Area Office, 210 Park Avenue, Suite 1350,
Oklahoma City, Oklahoma 73102.
U.S. EEOC Philadelphia District Office, 21 South 5th Street, Suite
400, Philadelphia, Pennsylvania 19106.
U.S. EEOC Phoenix District Office, 3300 North Central Avenue, Suite
690, Phoenix, Arizona 85012-2504.
U.S. EEOC Pittsburgh Area Office, 1001 Liberty Avenue, 3rd Floor,
Pittsburgh, Pennsylvania 15222-4187.
U.S. EEOC Raleigh Area Office, 1309 Annapolis Drive, Raleigh, North
Carolina 27608-2129.
U.S. EEOC Richmond Area Office, 830 East Main Street, 6th Floor,
Richmond, Virginia 23219.
EEOC San Antonio District Office, 5410 Fredericksburg Road, Suite
200, San Antonio, Texas 78229-3555.
U.S. EEOC San Diego Area Office, 401 B Street, Suite 1550, San
Diego, California 92101.
EEOC San Francisco District Office, 901 Market Street, Suite 500,
San Francisco, California 94103.
U.S. EEOC San Jose Local Office, 96 North 3rd Street, Suite 200, San
Jose, California 95112.
San Juan Area Office, 525 F.D. Roosevelt Ave., Plaza Las Americas,
Suite 1202, San Juan, Puerto Rico 00918-8001.
U.S. EEOC Savannah Local Office, 410 Mall Boulevard, Suite G,
Savannah, Georgia 31406-4821.
U.S. EEOC Seattle District Office, Federal Office Building, 909
First Avenue, Suite 400, Seattle, Washington 98104-1061.
U.S. EEOC St. Louis District Office, Robert A. Young Building, 1222
Spruce Street, 8th Floor, Room 8.100, St. Louis, Missouri 63103.
U.S. EEOC Tampa Area Office, 501 East Polk Street, Room 1020, Tampa,
Florida 33602.
U.S. EEOC Washington Field Office, 1400 L Street, NW, Suite 200,
Washington, DC 20005.
[FR Doc. 02-18895 Filed 7-29-02; 8:45 am]
BILLING CODE 6570-01-P