[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: 29CFR1602.49]

[Page 184-185]
 
                             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 O_Recordkeeping for Institutions of Higher Education
 
Sec.  1602.49  Preservation of records made or kept.

    (a) Any personnel or employment record (including but not 
necessarily limited to requests for reasonable accommodation, 
application forms submitted by applicants and other records having to do 
with hiring, promotion, tenure, demotion, transfer, layoff, or 
termination, rates of pay or other terms of compensation, and selection 
for training) made or kept by an institution of higher education shall 
be preserved by such institution of higher education for a period of two 
years from the date of the making of the personnel action or record 
involved, whichever occurs later. In the case of the involuntary 
termination of an employee, the personnel records of the individual 
terminated shall be kept for a period of two years from the date of 
termination. Where a charge of discrimination has been filed, or a civil 
action brought against an institution of higher education by the 
Commission

[[Page 185]]

or the Attorney General, the respondent shall preserve similarly at the 
central administrative office of the institution of higher education, at 
the central office of a separate campus or branch, or at the 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 records 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; it would also include 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 the United States District Court, or, where an 
action is brought against an institution of higher education by a person 
claiming to be aggrieved, the Commission, or the Attorney General, the 
date on which such litigation is terminated.
    (b) The requirements of paragraph (a) of this section shall not 
apply to application forms and other preemployment records of non-
student applicants for positions known to non-student applicants to be 
of a temporary or seasonal nature.

(Approved by the Office of Management and Budget under control number 
3046-0040)

[40 FR 25188, June 12, 1975, as amended at 46 FR 63268, Dec. 31, 1981; 
56 FR 35756, July 26, 1991]