[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1602.31]

[Page 180-181]
 
                             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 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 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

[[Page 181]]

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]