What part of your personnel file must be kept once you initiated a discrimination with eeoc, and for how long must they keep it?
Note: Does this rule apply to email and stored electronic data?
Since premature destruction of part of an EEO investigative file is a violation of agency policy<1>).
1 In the FAD, the agency states that it is obligated to maintain these
files for at least seven years. See Final Agency Decision Denying
Breach of Settlement Agreement (Dec. 31, 1998), at 1; cf. EEOC Management
Directive for 29 C.F.R. Part 1614. (rev. Nov. 9, 1999) (“EEO MD-110”),
at 6-21 (indicating that the National Archives and Records Administration
requires EEO complaint files, including related correspondence, reports,
exhibits, withdrawal notices, copies of decisions, records of hearings
and meetings, and other records, to be kept for four years after the
resolution of a case); and Notice of Restricted Usage in Record of
Investigation of Complaint (Mar. 26, 1997) (specifically stating that
complainant’s EEO “file and its contents must be safeguarded. Willful
violations of these requirements are subject to criminal penalties
[5 U.S.C. 552A(1)]”).
reference case:
Gene P. Norris v. United States Postal Service
01992471
October 12, 2001
Gene P. Norris,
Complainant,
v.
John E. Potter,
Postmaster General,
United States Postal Service
(Western Area),
Agency.
Appeal No. 01992471
Agency No. 4E-870-1200-96
