Agency destroys evidence in bad faith
The destruction of evidence is unlawful, and counter to EEOC Regulation 29 C.F.R. § 1602.14
even when not done in bad faith because agencies have a duty to preserve records pertaining to:
the above regulation that requires that once the complaint process is initiated, the agency is required to retain personnel records until a
final disposition of the complaint. Withholding documents of evidence or removal is the same as destruction of evidence.
The only inference that the AJ can draw, is that the agency is witholding reflects unfavorably, as to cover up additional complaints of discrimination.
Testimony recieved by agency EEOC investigator from agency management, makes note that evidence existed, was submitted, discussed amongst management and then shredded or taken out of complainants personel file.
Carey S. Weathersby,
Complainant,
v.
Dirk Kempthorne,
Secretary,
Department of the Interior,
Agency.
Appeal No. 01200616271
Hearing No. 100-2004-00179X
Agency No. 0S-03-011
