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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 subsection
(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.
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.
Retrievability:
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.
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.
Record access procedures:
Same as above.
Contesting record procedures:
Same as above.
Record source categories:
The individual to whom the record pertains.
#..EEOC-5
#....System name:
Correspondence and Congressional Inquiries.
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:
Charging parties, members of the general public, members of
Congress and current and former EEOC employees who write letters to
EEOC seeking information or assistance whose inquiries are referred
to the Office of Communications and Legislative Affairs for response.
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 EEOC
employees.
b. EEOC responses to the above inquiries.
c. Computer tracking system indicating the dates inquiries are
received, to whom and when they are assigned for response and the
dates they are answered.
Authority for maintenance of the system:
44 U.S.C. 3101; 42 U.S.C. 2000e-4.
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:
The records are maintained in file cabinets and on computer tape.
Retrievability:
Correspondence from members of Congress is indexed alphabetically
by the last name of the member. General correspondence are indexed
alphabetically by the last name of the individual making the inquiry
or on whose behalf the inquiry is made. Computer entries are
retrievable by name of author of a letter, by name of person or
office referring letter to the Office of Communications and
Legislative Affairs, by subject, by key word, by reference number, by
name of person to whom assigned, and by dates assigned, due and
answered.
Safeguards:
Files are kept in locking metal cabinets in the Office of
Communications and Legislative Affairs, which is locked evenings,
weekends and holidays. Computer information is coded with access
limited to employees of the Office of Communications and Legislative
Affairs and the Office of Information Systems Services.
Retention and disposal:
Correspondence is maintained for three years from the date of the
last correspondence and then destroyed. Correspondence control
information is maintained in the computer for four years.
System manager(s) and address:
Director, Office of Communications and Legislative Affairs, Equal
Employment Opportunity Commission, 1801 L Street, NW., Washington, DC
20507.
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 EEOC
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.
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 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.
Retrievability:
Indexed by name of employee.
Safeguards:
Files are maintained in locked cabinets accessible only to
Employee Assistance Program personnel.
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.
System manager(s) and address:
Administrator, Employee Assistance Program, Office of Management,
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
advanced) or leave of absence; requests for an authorization of
overtime; annual attendance record (indicates name, social security
number, service computation date, hours and dates worked and taken as
leave, pay plan, salary and occupation code, grade, leave earned and
used); thrift savings plan participation, deductions for medicare,
FICA, taxes, life and health insurance, union contributions,
charitable contributions, savings allotments and bond issuance and
bond balance.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3101.
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 the Treasury pursuant to 5 U.S.C. 5516, 5517, or 5520,
or in response to a written request from an appropriate official of
the taxing jurisdiction. The request must include a copy of the
applicable statute or ordinance authorizing the taxation of
compensation and should indicate whether the authority of the
jurisdiction to tax their employee is based on place of residence,
place of employment, or both.
c. To disclose copies of executed city tax withholding
certificates to a city pursuant to a withholding agreement between
the city and the Department of the Treasury (5 U.S.C. 5520) in
response to a written request from an appropriate city official.
d. To disclose the social security number only, in the absence of
a withholding agreement, to a taxing jurisdiction that has furnished
this agency with evidence of its independent authority to compel
disclosure of the social security number, in accordance with section
7 of the Privacy Act, 5 U.S.C. 552a note.
e. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order,
where EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
f. To disclose to an agency in the executive, legislative or
judicial branch or the District of Columbia's Government information
in connection with the hiring of an employee, the issuance of a
security clearance, the conducting of a security or suitability
investigation of an individual, the classifying of jobs, the letting
of a contract, the issuance of a license, grant, or other benefits by
the requesting agency, or the lawful statutory, administrative, or
investigative purpose of the agency to the extent that the
information is relevant and necessary to the requesting agency's
decision.
g. To disclose to an authorized appeal grievance examiner, formal
complaints examiner, administrative judge, equal employment
Other Popular 1995 Privacy Act Documents Documents:
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