C.F.R. » Title 29 » CHAPTER XIV—EQUAL EMPLOYMENT OPPORTUNITY COMMISSION › PART 1602—RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII, THE ADA, GINA, AND THE PWFA › Subpart G—Recordkeeping by Labor Organizations

29 C.F.R. § 1602.28

Preservation of records made or kept

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(a) All records made by a labor organization or its agent solely for the purpose of completing Report EEO-3 shall be preserved for a period of 1 year from the due date of the report for which they were compiled. Any labor organization identified as a “referral union” in the instructions accompanying Report EEO-3, or agent thereto, shall preserve other membership or referral records (including applications for same) made or kept by it for a period of 1 year from the date of the making of the record. Where a charge of discrimination has been filed, or an action brought by the Commission or the Attorney General, against a labor organization under title VII, the ADA, or GINA, the respondent labor organization shall preserve all records relevant to the charge or action until final disposition of the charge or the action. The date of “final disposition of the charge or the action” means the date of expiration of the statutory period within which the aggrieved person may bring an action in a U.S. District Court or, where an action is brought against a labor organization either by the Commission, the aggrieved person, or by the Attorney General, the date on which such litigation is terminated.

(b) Nothing herein shall relieve any labor organization covered by title VII of the obligations set forth in subpart E, §§ 1602.20 and 1602.21, relating to the establishment and maintenance of a list of applicants wishing to participate in an apprenticeship program controlled by it.

(Approved by the Office of Management and Budget under control number 3046-0040) [37 FR 9220, May 6, 1972, as amended at 46 FR 63268, Dec. 31, 1981; 56 FR 35755, July 26, 1991; 77 FR 5398, Feb. 3, 2012; 89 FR 11170, Feb. 14, 2024; 89 FR 46021, May 28, 2024]
Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Equal Emp. Opportunity Comm'n v. Laborers' Int'l Union, Local 100, 49 F.3d 304 (7th Cir. 1995).
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Equal Emp. Opportunity Comm'n v. Laborers' Int'l Union, Local 100, 49 F.3d 304 (7th Cir. 1995). · cites it 3× “29 C.F.R. § 1602.28 . Covering referral and membership figures over a given two-month period in a particular year, an EEO-3 thus provides the EEOC with a snapshot of employment-referral practices at a referral union.”
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