[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1602.40]

[Page 182-183]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1602_RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII AND 
THE ADA--Table of Contents
 
   Subpart L_Elementary and Secondary School Systems, Districts, and 
                    Individual Schools Recordkeeping
 
Sec.  1602.40  Preservation of records made or kept.

    Any personnel or employment record made or kept by a school system, 
district, or individual school (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 such school system, district, or school, as the case may 
be, 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 against an elementary or secondary school by the 
Commission or the Attorney General, the respondent elementary or 
secondary school system, district, or individual school shall preserve 
similarly at the central office of the system or district or individual 
school which is the subject of the charge or action, where more 
convenient, all personnel records relevant to the charge or action until 
final disposition thereof. 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

[[Page 183]]

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 school system, district, or school either by a person 
claiming to be aggrieved, the Commission, or 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 26719, Sept. 25, 1973, as amended at 46 FR 63268, Dec. 31, 1981; 
56 FR 35756, July 26, 1991]