[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1602.31]

[Page 168-169]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1602--RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII AND THE 
ADA--Table of Contents
 
          Subpart I--State and Local Governments Recordkeeping
 
Sec. 1602.31  Preservation of records made or kept.

    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

[[Page 169]]

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 or the ADA, 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 by 46 FR 63268, Dec. 31, 1981; 56 
FR 35756, July 26, 1991]