[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1602.31]

[Page 178-179]
 
                             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

[[Page 179]]

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 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 rec ords 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]