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 I—State and Local Governments Recordkeeping
Any personnel or employment record made or kept by a political jurisdiction (including but not necessarily limited to requests for reasonable accommodation application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff, or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship) shall be preserved by the political jurisdiction for a period of 2 years from the date of the making of the record or the personnel action involved, whichever occurs later. In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of 2 years from the date of termination. Where a charge of discrimination has been filed, or an action brought by the Attorney General against a political jurisdiction under title VII, the ADA, or GINA, the respondent political jurisdiction shall preserve all personnel records relevant to the charge or action until final disposition of the charge or the action. The term “personnel record relevant to the charge,” for example, would include personnel or employment records relating to the person claiming to be aggrieved and to all other employees holding positions similar to that held or sought by the person claiming to be aggrieved; and application forms or test papers completed by an unsuccessful applicant and by all other candidates for the same position as that for which the person claiming to be aggrieved applied and was rejected. The date of final disposition of the charge or the action means the date of expiration of the statutory period within which a person claiming to be aggrieved may bring an action in a U.S. district court or, where an action is brought against a political jurisdiction either by a person claiming to be aggrieved or by the Attorney General, the date on which such litigation is terminated.
(Approved by the Office of Management and Budget under control number 3046-0040)
[38 FR 12605, May 14, 1973, as amended at 46 FR 63268, Dec. 31, 1981; 56 FR 35756, July 26, 1991; 77 FR 5398, Feb. 3, 2012; 89 FR 11170, Feb. 14, 2024; 89 FR 46021, May 28, 2024]
Notes of Decisions
Webb v. Dist. of Columbia, 146 F.3d 964 (D.C. Cir. 1998).
· cites it 3× “31 , 9 *970 which requires government entities to maintain all personnel files for two years from the making of the record or the date of the action involved and to preserve those records relevant to a filed charge of discrimination until .”
Shipley v. Dugan, 874 F. Supp. 933 (S.D. Ind. 1995).
· cites it 4× “Violation of 29 C.F.R. § 1602.31 2 As a preliminary matter, the court must address Plaintiffs allegations that Defendants violated 42 U.”
Jinks-Umstead v. England, 227 F.R.D. 143 (D.D.C. 2005).
· cites it 4× “In addition, 29 C.F.R. § 1602.31 refers to a “charge of discrimination,” which is a formal EEOC complaint, not informal counseling.”
Keaton v. Cobb Cnty., 545 F. Supp. 2d 1275 (N.D. Ga. 2007).
· cites it 2× “” 29 C.F.R. § 1602.31 . 21 Application records, “which include resumes, cover letters, and any interview notes relevant to the hiring proceedings, are clearly encompassed within the types of records [§ ] 1602.”
Wesley v. Arlington Cnty., 354 F. App'x 775 (4th Cir. 2009).
· cites it 2× “29 C.F.R. § 1602.31 . We need not find that a violation of the recordkeeping law occurred to reach our decision in this case.”
Webb v. Gov't for Dist. of Columbia, 175 F.R.D. 128 (D.D.C. 1997).
· cites it 2× “At the hearing, counsel for the District conceded that 29 C.F.R. § 1602.31 imposed an obligation on the Dis *132 trict to maintain plaintiffs personnel file and the merit ease files after plaintiff initiated his discrimination claims.”
Boneck v. City of New Berlin, 22 F. App'x 629 (7th Cir. 2001).
“Many pages of the briefs on appeal are devoted to the question whether documents in a supervisor’s possession are the sort of “personnel or employment records” that under 29 C.F.R. § 1602.31 must be preserved for two years, when the employer maintains intact a formal system of…”
Earnhardt v. Com. of Puerto Rico, 582 F. Supp. 25 (D.P.R. 1983).
“29 C.F.R. Section 1602.31 requires the Commonwealth to maintain the records of an involuntarily terminated employee for two years.”
Webb v. Dist. of Columbia, 189 F.R.D. 180 (D.D.C. 1999).
“Adams was unaware of the federal regulations governing retention of documents pertaining to discrimination claims, including 29 C.F.R. § 1602.31 . Finally, at a status conference held March 19, 1997, five days before the start of trial, defense counsel admitted in open court for…”
Mitchell v. Utah State Tax Comm'n, 26 F. Supp. 2d 1321 (D. Utah 1998).
“The parties dispute the effect of the TC’s failure to comply with 29 C.F.R. § 1602.31 , which requires the TC to preserve its personnel records for two years and, in the event discrimination is charged, until resolution of the charge.”
Backlund v. Hessen, 904 F. Supp. 964 (D. Minnesota 1995).
· cites it 12× “Second, Plaintiff alleges that the interview was actually an oral test and that the Fire Department was obliged under DCSC §§ 13-52 and 13-56 and 29 C.F.R. § 1602.31 (1991) to retain notes made by the interviewers during the interviews.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.