Privacy Act of 1974; Publication of Notices of Systems of Records and Proposed New Systems of Records, 81116-81137 [2016-27702]
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81116
Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OECA–2013–0345; FRL–9953–
00–OEI]
Information Collection Request
Submitted to OMB for Review and
Approval; Comment Request; NESHAP
for Metal Can Manufacturing Surface
Coating (Renewal)
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency has submitted an information
collection request (ICR), ‘‘NESHAP for
Metal Can Manufacturing Surface
Coating (40 CFR part 63, subpart KKKK)
(Renewal)’’ (EPA ICR No. 2079.06, OMB
Control No. 2060–0541), to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). This is a proposed
extension of the ICR, which is currently
approved through November 30, 2016.
Public comments were previously
requested via the Federal Register (81
FR 26546) on May 3, 2016 during a 60day comment period. This notice allows
for an additional 30 days for public
comments. A fuller description of the
ICR is given below, including its
estimated burden and cost to the public.
An Agency may neither conduct nor
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.
DATES: Additional comments may be
submitted on or before December 19,
2016.
SUMMARY:
Submit your comments,
referencing Docket ID Number EPA–
HQ–OECA–2013–0345, to: (1) EPA
online using www.regulations.gov (our
preferred method), or by email to
docket.oeca@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460; and (2) OMB via
email to oira_submission@omb.eop.gov.
Address comments to OMB Desk Officer
for EPA.
EPA’s policy is that all comments
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI), or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT:
Patrick Yellin, Monitoring, Assistance,
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ADDRESSES:
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and Media Programs Division, Office of
Compliance, Mail Code 2227A,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: (202)
564–2970; fax number: (202) 564–0050;
email address: yellin.patrick@epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting documents which explain in
detail the information that the EPA will
be collecting are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
WJC West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The telephone number for the
Docket Center is 202–566–1744. For
additional information about EPA’s
public docket, visit: https://
www.epa.gov/dockets.
Abstract: The affected entities are
subject to the General Provisions of the
NESHAP for Metal Can Manufacturing
Surface Coating (40 CFR part 63, subpart
A), and any changes, or additions, to the
Provisions are specified at 40 CFR part
63, subpart KKKK. Owners or operators
of the affected facilities must submit a
one-time-only report of any physical or
operational changes, initial performance
tests, and periodic reports and results.
Owners or operators are also required to
maintain records of the occurrence and
duration of any startup, shutdown, or
malfunction in the operation of an
affected facility, or any period during
which the monitoring system is
inoperative. Reports are required
semiannually at a minimum.
Form Numbers: None.
Respondents/affected entities: Metal
can manufacturing facilities that use
1,500 gallons or more of surface
coatings.
Respondent’s obligation to respond:
Mandatory (40 CFR part 63, subpart
KKKK).
Estimated number of respondents: 5
(total).
Frequency of response: Initially,
occasionally and semiannually.
Total estimated burden: 1,940 hours
(per year). Burden is defined at 5 CFR
1320.3(b).
Total estimated cost: $206,000 (per
year), which includes $6,000 in
annualized capital/startup or operation
& maintenance costs.
Changes in the Estimates: There is a
small adjustment increase of 2
respondent labor hours due to rounding
of all total calculated values to three
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significant digits. The increase is not
due to any program change.
Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2016–27579 Filed 11–16–16; 8:45 am]
BILLING CODE 6560–50–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Privacy Act of 1974; Publication of
Notices of Systems of Records and
Proposed New Systems of Records
Equal Employment
Opportunity Commission.
ACTION: Notice; publication of notices of
systems of records, and proposed new
systems of records.
AGENCY:
This notice proposes one new
system of records, changes to a number
of existing systems of records, and
removes obsolete systems of records.
This notice republishes all of EEOC’s
notices for its systems of records subject
to the Privacy Act in one issue of the
Federal Register so that an accurate and
complete text of the notices is available
for use by individuals and by agency
Privacy Act officers.
DATES: The changes to the existing
systems of records are effective on
November 17, 2016. The proposed new
system of records will become effective,
without further notice, on January 17,
2017 unless comments dictate
otherwise.
ADDRESSES: Comments on this notice
may be submitted to the EEOC in three
ways; please use only one.
• Comments and attachments may be
submitted online at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions on the Web site for
submitting comments. Comments
received here will be posted publicly on
the same portal without change,
including any personal information you
provide. However, the EEOC reserves
the right to refrain from posting
comments: That contain obscene,
indecent, or profane language; that
contain threats or defamatory
statements; that contain hate speech
directed at race, color, sex, sexual
orientation, national origin, ethnicity,
age, religion, or disability; or that
promote or endorse services or
products.
• Hard copy comments may be
submitted to Bernadette Wilson, Acting
Executive Officer, Executive Secretariat,
Equal Employment Opportunity
Commission, 131 M Street NE.,
Washington, DC 20507.
SUMMARY:
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• The Executive Secretariat also will
accept documents totaling six or fewer
pages by facsimile (‘‘fax’’) machine. This
limitation is necessary to assure access
to the equipment. The telephone
number of the fax receiver is (202) 663–
4114. (This is not a toll-free number.)
Receipt of fax transmittals will not be
acknowledged, except that the sender
may request confirmation of receipt by
calling the Executive Secretariat staff at
(202) 663–4070 (voice) or (202) 663–
4074 (TTY). (These are not toll-free
telephone numbers.)
Subject to the conditions noted above,
the EEOC will post online at https://
www.regulations.gov all comments
submitted in hard copy or by fax with
the Executive Secretariat. The EEOC
Headquarters’ library also will make
available hard copies of all comments,
by advance appointment only, between
the hours of 9 a.m. and 5 p.m. Eastern
Time. To schedule an appointment to
inspect the comments at the EEOC’s
library, contact the library staff at (202)
663–4630 (voice) or (202) 663–4641
(TTY). (These are not toll-free numbers.)
Copies of this notice are available in
the following alternate formats: Large
print, braille, electronic file on
computer disk, and audio-tape. Copies
may be obtained from the Publications
Center by calling 1–800–699–3362.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Schlageter, Assistant Legal
Counsel, (202) 663–4668 (voice),
Kathleen Oram, Senior Attorney (202)
663–4681 (voice), or Savannah Marion,
(202) 663–4909 or (202) 663–7026
(TDD).
SUPPLEMENTARY INFORMATION: The Equal
Employment Opportunity Commission
last published its Privacy Act systems
notices in 2002. The Commission
proposes one new system of records to
cover Freedom of Information Act and
Privacy Act records. EEOC previously
covered these records in its general
correspondence system of records. The
Commission is deleting EEOC–6
Employee Assistance Program records
and EEOC–14 Employee Parking records
because it no longer collects and keeps
those records and is replacing EEOC–6
with the new Freedom of Information
Act and Privacy Act Records system.
The Employee Assistance Program
records are now maintained by the
Department of Health and Human
Services, and Employee Parking records
are maintained by a private building
management company. In addition, the
Commission is amending a number of
its systems to recognize more
widespread electronic storage, and
remove requirements that persons
submit social security numbers when
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requesting records. The Commission is
adding a statement of general routine
uses to include two new routine uses
permitting disclosure of records from all
of its systems of records for suspected
or confirmed breach notification and
response. The Commission is removing
three obsolete routine uses from its
Claims Collection Records notice and
one routine use from its Internal
Harassment Inquires Records notice.
EEOC is adding a new routine use to its
two Discrimination Case Files systems
of records, a new routine use to its
Internal Harassment Inquiries system of
records, and one new routine use to its
Office of Inspector General system of
records. Finally, the Commission has
amended several system notices to
reflect current office names and has
amended Appendix A to reflect current
addresses of Commission offices. To
ensure that users will have a copy of the
current text of each of its system
notices, the Commission is publishing
the complete text of all of its systems
notices.
A brief description of the major
changes follows:
Universal Routine Uses: EEOC
proposes to add two routine uses
applicable to all systems of records. One
would permit EEOC to disclose records
reasonably necessary to respond to a
suspected or confirmed breach of the
system of records where EEOC
determines there may be a risk of harm
to individuals, EEOC, or the Federal
government. The second proposed
routine use would allow EEOC to
disclose records to other Federal
agencies to assist in their efforts to
respond to a suspected or confirmed
breach.
EEOC–1 Age and Equal Pay Act
Discrimination Case Files and EEOC–3
Title VII, Americans with Disabilities
Act, and Genetic Information
Nondiscrimination Act Discrimination
Case Files: A routine use that permits
disclosure to other federal agencies in
accordance with Memoranda of
Understanding or similar agreements
between EEOC and other agencies that
provide for coordination and
cooperation in EEOC’s employment
discrimination enforcement efforts is
proposed. The retention and disposal
sections are updated.
EEOC–3 Title VII, Americans with
Disabilities Act, and Genetic
Information Nondiscrimination Act
Discrimination Case Files: The system
was updated to add Genetic Information
Nondiscrimination Act (GINA) files. A
routine use that permits disclosure to
other federal agencies in accordance
with Memoranda of Understanding or
similar agreements between EEOC and
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other agencies that provide for
coordination and cooperation in EEOC’s
employment discrimination
enforcement efforts is proposed.
EEOC 6 Freedom of Information Act
and Privacy Act Records: This new
system of records replaces the obsolete
Employee Assistance Program Records
system and covers all Freedom of
Information Act (FOIA) and Privacy Act
requests, administrative appeals,
responses, and related records. These
records were previously included in
EEOC–5 Correspondence and
Communications. Nine routine uses are
proposed for the system.
EEOC–9 Claims Collection Records:
Three obsolete routine uses are
removed, as is an obsolete reference to
consumer reporting agencies.
EEOC–14 Reserved: We have
removed the Employee Parking Records
system because those records are no
longer collected by EEOC, but are
collected by the private building
management company at EEOC’s
headquarters building.
EEOC–15 Internal Harassment
Inquiries: We have removed routine use
(h) as unnecessary since disclosures
could be made under the ‘‘need to
know’’ exception. We propose to add a
new routine use (h) to permit
disclosures to the alleged harasser in the
event of a disciplinary proceeding.
EEOC–16 Office of Inspector General
Investigative Files: We propose a new
routine use permitting disclosures
during peer reviews.
EEOC–17 Defensive Litigation Files:
The system is updated to reflect that
internal defensive litigation files are
maintained in the Office of General
Counsel and external defensive
litigation files are maintained in the
Office of Legal Counsel.
EEOC–18 Reasonable
Accommodation Records: We added
notification procedures, record access
procedures, contesting records
procedures, and record source
categories.
The proposed universal routine uses,
the routine uses in the one new system
of records noted above and the proposed
new routine uses in two existing
systems meet the compatibility criteria
since the information involved is
collected for the purpose of the
applicable routine uses. We anticipate
that any disclosure pursuant to these
routine uses will not result in any
unwarranted adverse effects on personal
privacy.
A complete list of all EEOC systems
of records is published below. The
complete text of the notices follows.
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For the Commission.
Jenny R. Yang,
Chair.
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EEOC Systems of Records
Universal Routine Uses.
EEOC–1 Age Discrimination in
Employment Act, Equal Pay Act, and
Section 304 of the Government
Employee Rights Act Discrimination
Case Files.
EEOC–2 Attorney Referral List.
EEOC–3 Title VII, Americans with
Disabilities Act, and Genetic
Information Nondiscrimination Act
EEOC–4 Biographical Files.
EEOC–5 Correspondence and
Communications.
EEOC–6 Freedom of Information Act
and Privacy Act Records
EEOC–7 Employee Pay and Leave
Records.
EEOC–8 Employee Travel and
Reimbursement Records.
EEOC–9 Claims Collection Records.
EEOC–10 Grievance Records.
EEOC–11 Adverse Actions Against
Nonpreference Eligibles in the Excepted
Service Records
EEOC–12 Telephone Call Detail
Records.
EEOC–13 Employee Identification
Cards.
EEOC–14 Reserved
EEOC–15 Internal Harassment
Investigation Files.
EEOC–16 Office of Inspector General
Investigative Files.
EEOC–17 Defensive Litigation Files.
EEOC–18 Reasonable
Accommodation Records.
EEOC–19 Revolving Fund
Registrations.
EEOC–20 RESOLVE Program
Records.
EEOC–21 Emergency Management
Records.
EEOC–22 EEOC Personnel Security
Records.
EEOC/GOVT–1 Equal Employment
Opportunity in the Federal Government
Complaint and Appeal Records.
Universal Routine Uses: The
following routine uses of the records
apply to and are incorporated by
reference into each system of records
published below:
a. To appropriate agencies, entities,
and persons when: (1) EEOC suspects or
has confirmed that there has been a
breach of the system of records; (2)
EEOC has determined that as a result of
the suspected or confirmed breach there
is a risk of harm to individuals, the
agency (including its information
systems, programs, and operations), or
the Federal government; and (3) the
disclosure made to such agencies,
entities, and persons is reasonably
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necessary to assist in connection with
EEOC’s efforts to respond to the
suspected or confirmed breach or to
prevent, minimize, or remedy such
harm.
b. To another Federal agency or
Federal entity when information from
this system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
agency (including its information
systems, programs, and operations), or
the Federal government.
EEOC–1
SYSTEM NAME:
Age Discrimination in Employment
Act, Equal Pay Act, and Section 304 of
the Government Employee Rights Act
Discrimination Case Files.
SYSTEM LOCATION:
Field Office where the charge or
complaint of discrimination was filed
(see Appendix A). Records of
complaints filed under section 321 of
the Government Employees Rights Act
of 1991 are located in the Office of
Federal Operations 131 M Street NE.,
Washington, DC 20507, after a hearing
has been requested.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Persons other than federal employees
and applicants who file charges or
complaints with EEOC alleging that an
employer, employment agency or labor
organization has violated the Age
Discrimination in Employment Act of
1967 or the Equal Pay Act of 1963, or
who file complaints under section 304
of the Government Employees Rights
Act of 1991.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains the records
compiled during the investigation of age
and equal pay discrimination cases and
during the investigation and hearing of
complaints filed under section 304 of
the Government Employees Rights Act
of 1991. These records include:
a. Documents submitted by charging
party or complainant such as charge of
discrimination, personal interview
statement, and correspondence.
b. Documents submitted by employer
such as statement of position,
correspondence, statements of
witnesses, documentary evidence such
as personnel files, records of earnings,
employee benefit plans, seniority list,
job titles and descriptions, applicant
data, organizational charts, collective
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bargaining agreements, and petitions to
revoke or modify subpoenas.
c. Records gathered and generated by
EEOC in the course of its investigation
and, in complaints filed under section
304 of the Government Employees
Rights Act of 1991, during the hearing,
such as letters of referral to state fair
employment practices agencies,
correspondence with state fair
employment practices agencies, witness
statements, investigator’s notes,
investigative plan, report of initial and
exit interview, investigator’s analyses of
evidence and charge, subpoenas,
decisions and letters of determination,
conciliation agreements,
correspondence and any additional
evidence gathered during the course of
the investigation.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 29 U.S.C. 209, 211, 623,
626; 42 U.S.C. 2000e–16c; 44 U.S.C.
3101; 2 U.S.C. 1220.
PURPOSE:
This system is maintained for the
purpose of enforcing the prohibitions
against employment discrimination
contained in the Age Discrimination in
Employment Act, the Equal Pay Act and
section 304 of the Government
Employees Rights Act of 1991.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To disclose pertinent information to
a federal, state, or local agency or third
party as may be appropriate or
necessary to perform the Commission’s
functions under the Age Discrimination
in Employment Act, Equal Pay Act, or
section 304 of the Government
Employee Rights Act of 1991.
b. To disclose information contained
in these records to state and local
agencies administering state or local fair
employment practices laws.
c. To disclose non-confidential and
non-privileged information from closed
ADEA/EPA case files (a file is closed
when the Commission has terminated
its investigation and has decided not to
sue) to the employer where a lawsuit
has been filed against the employer
involving that information, to other
employees of the same employer who
have been notified by the Commission
of their right under 29 U.S.C. 216 to file
a lawsuit on their own behalf, and their
representatives.
d. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of a party to the charge.
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e. To disclose pertinent information to
the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where the EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
f. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
g. To disclose information to officials
of state or local bar associations or
disciplinary boards or committees when
they are investigating complaints
against attorneys in connection with
their representation of a party before
EEOC.
h. To disclose to a Federal agency in
the executive, legislative, or judicial
branch of government, in response to its
request for information in connection
with the hiring of an employee, the
issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
classifying of jobs, or the lawful
statutory, administrative, or
investigative purpose of the agency to
the extent that the information is
relevant and necessary to the requesting
agency’s decision.
i. To disclose information to other
federal agencies in accordance with
Memoranda of Understanding or similar
agreements between EEOC and other
agencies that provide for coordination,
cooperation, and confidentiality of
documents in EEOC’s employment
discrimination enforcement efforts.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Director of the office in the field
where the charge was filed (see
Appendix A). Director of the Office of
Field Programs, 131 M Street NE.,
Washington, DC 20507. Director of the
Office of Federal Operations, 131 M
Street NE., Washington, DC 20507 (only
for complaints filed under section 321
of the Government Employees Right Act
of 1991).
These records are maintained in file
folders and electronically.
RETRIEVABILITY:
These records are retrievable by
charging party name, employer name,
and charge number.
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SAFEGUARDS:
Paper records are maintained in a
secured area to which only authorized
personnel have access. Access to and
use of these records is limited to those
persons whose official duties require
such access. The premises are locked
when authorized personnel are not on
duty. Access to electronic records is
limited, through use of usernames and
passwords, to those whose official
duties require access.
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SYSTEM LOCATION:
All private sector charge files not
designated for permanent retention will
be retained for three years following the
fiscal year in which they were closed.
(For example, if a charge was closed on
March 31, 2014, in FY 2014, the threeyear retention period would begin on
October 1, 2014, which is the first day
of FY 2015.) These non-permanent files
will be retained for one year in the
EEOC field office where the charge of
discrimination was filed. Afterwards,
the non-permanent files will be
transferred to the Federal Records
Center (FRC). The FRC will destroy the
files after the three-year retention period
is met. Permanent files will be retained
in the field office for three years and
then transferred to FRC. FRC will
transfer the files to the National
Archives and Records Administration
(NARA) for permanent retention when
eligible.
Closed non-permanent private sector
charge files that are the subject of
Freedom of Information Act (FOIA)
requests are retained for six years after
the FOIA response is provided. The files
will be transferred to FRC one year after
completion of all actions taken under
FOIA/Privacy Act. Alternatively, the
files may be included as part of the
permanent files retained by the EEOC
field office.
Closed private sector charge files that
are the subject of a Section 83 request
are retained for six years after the
Section 83 response is provided. The
files will be transferred to FRC one year
after completion of all actions taken
under FOIA. Alternatively, the files may
be included as part of the permanent
files retained by the EEOC field office.
SYSTEM MANAGER(S) AND ADDRESS:
STORAGE:
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RETENTION AND DISPOSAL:
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
This system is exempt under 5 U.S.C.
552a(k)(2) from subsections (c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f)
of the Act.
EEOC–2
SYSTEM NAME:
Attorney Referral List.
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All District Offices (see Appendix A).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Attorneys who represent plaintiffs in
employment discrimination litigation.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains attorneys’
names, business addresses and
telephone numbers, the nature and
amount of their civil rights litigation
experience; their state and federal bar
admissions; whether the attorneys have
the capacity and desire to handle class
actions; whether the attorneys charge
consultation fees (and how much);
whether the attorneys will waive the
consultation fee; the types of fee
arrangements the attorneys will accept;
and whether the attorney speaks a
foreign language fluently.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 2000e–4(g); 44 U.S.C. 3101.
PURPOSE:
This system is maintained for the
purpose of providing charging parties,
upon their request, with information
about local attorneys who represent
plaintiffs in employment discrimination
litigation.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To refer charging parties to
attorneys who handle litigation of
employment discrimination lawsuits.
b. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Stored on prepared forms, on index
cards and electronically.
RETRIEVABILITY:
Indexed alphabetically by names of
the attorneys.
SAFEGUARDS:
Access to this system of records is
restricted to EEOC personnel who have
a legitimate use for the information.
This system is stored in filing cabinets.
Access to electronic records is limited,
through use of access codes and entry
logs, to those whose official duties
require access.
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RETENTION AND DISPOSAL:
Files are reviewed and updated
annually.
SYSTEM MANAGERS AND ADDRESS:
Regional Attorney at each District
Office (see Appendix A).
NOTIFICATION PROCEDURE:
Inquiries concerning this system of
records should be addressed to the
appropriate system manager. It is
necessary to furnish the following
information: (1) Full name of the
individual whose records are requested;
(2) mailing address to which the reply
should be sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
The individual on whom the record is
maintained.
EEOC–3
SYSTEM NAME:
Title VII, Americans with Disabilities
Act, and Genetic Information
Nondiscrimination Act Discrimination
Case Files.
SYSTEM LOCATION:
Field Office where the charge of
discrimination was filed (see Appendix
A).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Persons, other than federal employees
and applicants, who file charges
alleging that an employer, employment
agency, labor organization or joint labormanagement apprenticeship committee
has violated Title VII of the Civil Rights
Act of 1964, the Americans with
Disabilities Act of 1990, Title II of the
Genetic Information Nondiscrimination
Act of 2008 (GINA), or any combination
of the three.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains records
compiled during the investigation of
race, color, religion, sex, national origin,
disability, and genetic information
discrimination cases. These records
include:
a. Documents submitted by charging
party, such as a charge of
discrimination, a personal interview
statement, medical records, and
correspondence.
b. Documents submitted by employer
such as position statement,
correspondence, statements of
witnesses, documentary evidence such
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21:24 Nov 16, 2016
Jkt 241001
as personnel files, records of earnings,
EEO data, employee benefit plans,
seniority lists, job titles and
descriptions, applicant data,
organizational charts, collective
bargaining agreements, and petition to
revoke or modify subpoenas.
c. Records gathered and generated by
EEOC in the course of its investigation
such as letters to state or local fair
employment practice agencies,
correspondence with state fair
employment practice agencies, witness
statements, investigator’s notes,
investigative plan, investigator’s
analysis of the evidence and charge,
report of initial and exit interviews,
copy of deferral to state, subpoenas,
decisions and letters of determination,
analysis of deferral agency action,
conciliation agreements,
correspondence, and any additional
evidence gathered during the course of
the investigation.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 42 U.S.C. 2000e–5, –8
and –9; 42 U.S.C. 12117; 44 U.S.C. 3101,
42 U.S.C. 2000ff–10.
PURPOSE:
This system is maintained for the
purpose of enforcing the prohibitions
against employment discrimination
contained in Title VII of the Civil Rights
Act of 1964, the Americans with
Disabilities Act of 1990, and Title II of
the Genetic Information
Nondiscrimination Act of 2008
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To disclose pertinent information to
a federal, state, or local agency or third
party as may be appropriate or
necessary to perform the Commission’s
functions under Title VII of the Civil
Rights Act of 1964, the Americans with
Disabilities Act of 1990, or Title II of the
Genetic Information Nondiscrimination
Act of 2008.
b. To disclose information contained
in these records to state and local
agencies administering state or local fair
employment practices laws.
c. To disclose non-confidential or
non-privileged information contained in
these records to the following persons
after a notice of right to sue has been
issued:
1. Aggrieved persons and their
attorneys in case files involving
Commissioner Charges provided that
such persons have been notified of their
status as aggrieved persons;
2. Persons or organizations filing on
behalf of an aggrieved person provided
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Frm 00068
Fmt 4703
Sfmt 4703
that the aggrieved person has given
written authorization to the person who
filed on his or her behalf to act as the
aggrieved person’s agent for this
purpose, and their attorneys;
3. Employers and their attorneys,
provided that the charging party or
aggrieved person has filed suit under
Title VII, the Americans with
Disabilities Act, Title II of the Genetic
Information Nondiscrimination Act of
2008, or any combination of the three.
d. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of a party to the charge.
e. To disclose pertinent information to
the appropriate federal, state, or local
agencies responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
f. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
g. To disclose information to officials
of disciplinary boards or committees
under the control of a state or local
government when they are investigating
complaints against attorneys in
connection with their representation of
a party before EEOC.
h. To disclose to a Federal agency in
the executive, legislative, or judicial
branch of government, in response to its
request for information in connection
with the hiring of an employee, the
issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
classifying of jobs, or the lawful
statutory, administrative, or
investigative purpose of the agency to
the extent that the information is
relevant and necessary to the requesting
agency’s decision.
i. To disclose information to other
federal agencies in accordance with
Memoranda of Understanding or similar
agreements between EEOC and other
agencies that provide for coordination,
cooperation, and confidentiality of
documents in EEOC’s employment
discrimination enforcement efforts.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
These records are maintained in file
folders and electronically.
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RETRIEVABILITY:
Field Programs, 131 M Street NE.,
Washington, DC 20507.
These records are retrievable by
charging party name, employer name,
and charge number.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
SAFEGUARDS:
Paper records are maintained in a
secured area to which only authorized
personnel have access. Access to and
use of these records is limited to those
persons whose official duties require
such access. The premises are locked
when authorized personnel are not on
duty. Access to electronic records is
limited, through use of usernames and
passwords, to those whose official
duties require access.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
RETENTION AND DISPOSAL:
All private sector charge files not
designated for permanent retention will
be retained for three years following the
fiscal year in which they were closed.
(For example, if a charge was closed on
March 31, 2014, in FY 2014, the threeyear retention period would begin on
October 1, 2014, which is the first day
of FY 2015.) These non-permanent files
will be retained for one year in the
EEOC field office where the charge of
discrimination was filed. Afterwards,
the non-permanent files will be
transferred to the Federal Records
Center (FRC). The FRC will destroy the
files after the three-year retention period
is met. Permanent files will be retained
in the field office for three years and
then transferred to FRC. FRC will
transfer the files to the National
Archives and Records Administration
(NARA) for permanent retention when
eligible.
Closed non-permanent private sector
charge files that are the subject of
Freedom of Information Act (FOIA)
requests are retained for six years after
the FOIA response is provided. The files
will be transferred to FRC one year after
completion of all actions taken under
FOIA/Privacy Act. Alternatively, the
files may be included as part of the
permanent files retained by the EEOC
field office.
Closed private sector charge files that
are the subject of a Section 83 request
are retained for six years after the
Section 83 response is provided. The
files will be transferred to FRC one year
after completion of all actions taken
under FOIA/Privacy Act. Alternatively,
the files may be included as part of the
permanent files retained by the EEOC
field office.
SYSTEM MANAGER(S) AND ADDRESS:
Director of the office in the field
where the charge was filed (see
Appendix A). Director of the Office of
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21:24 Nov 16, 2016
Jkt 241001
This system is exempt under 5 U.S.C.
552a(k)(2) from subsections (c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f)
of the Act.
EEOC–4
SYSTEM NAME:
Biographical Files.
SYSTEM LOCATION:
Office of Communications and
Legislative Affairs, Equal Employment
Opportunity Commission, 131 M Street
NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former Commissioners,
General Counsels and Commission
officials.
81121
SYSTEM MANAGER AND ADDRESS:
Director, Office of Communications
and Legislative Affairs, Equal
Employment Opportunity Commission,
131 M Street NE., Washington, DC
20507.
NOTIFICATION PROCEDURES:
Inquiries concerning this system of
records should be addressed to the
system manager. All inquiries should
furnish the full name of the individual
and the mailing address to which the
reply should be mailed.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
The individual to whom the record
pertains.
EEOC–5
CATEGORIES OF RECORDS IN THE SYSTEM:
SYSTEM NAME:
Includes for each the name, date and
place of birth, education, employment
history, and other biographical
information.
Correspondence and
Communications.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101, 42 U.S.C. 2000e–4.
PURPOSE:
This system is maintained for the
purpose of providing information about
EEOC officials to members of the
Congress and the public.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used
a. To answer public and congressional
inquiries regarding EEOC
Commissioners, General Counsels and
Commission officials.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Stored electronically.
Indexed by last name of the
Commissioner, General Counsel or
Commission official.
SAFEGUARDS:
Files are kept in the Office of
Communications and Legislative
Affairs, which is locked evenings,
weekends, and holidays.
RETENTION AND DISPOSAL:
Maintained permanently.
Frm 00069
All locations listed in appendix A and
all headquarters offices, 131 M Street
NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Charging parties, members of the
general public, members of Congress
and current and former federal
employees who seek information or
assistance from EEOC.
CATEGORIES OF RECORDS IN THE SYSTEM:
a. Inquiries from members of
Congress, the White House and
members of the general public,
including current and former federal
employees.
b. EEOC responses to the above
inquiries.
c. Computer tracking system
indicating the dates inquiries are
received, to whom and when they are
assigned for response and the dates they
are answered.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
RETRIEVABILITY:
PO 00000
SYSTEM LOCATION:
Fmt 4703
Sfmt 4703
44 U.S.C. 3101; 42 U.S.C. 2000e–4.
PURPOSE:
This system is maintained for the
purpose of responding to inquiries from
members of Congress and the public
seeking information or assistance.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
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a. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office at the
request of the individual.
b. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
These records are maintained in file
cabinets and electronically.
RETRIEVABILITY:
Computer entries are retrievable by
name of author of a letter, by subject, by
key word, by reference number, by
name of person to whom assigned, and
by dates assigned, due, and answered.
SAFEGUARDS:
These records are kept in a secured
area to which only authorized personnel
have access. Access to and use of these
records is limited to those persons
whose official duties require such
access. The premises are locked when
authorized personnel are not on duty.
Access to electronic records is limited,
through use of usernames and
passwords, to those whose official
duties require access.
RETENTION AND DISPOSAL:
Records are maintained for three years
from the date of the last communication
and then destroyed. Tracking system
information is maintained in the
computer for four years.
SYSTEM MANAGER AND ADDRESS:
Director of each Commission office in
the field and Headquarters office. (See
Appendix A.)
NOTIFICATION PROCEDURE:
Inquiries concerning this system of
records should be addressed to the
system manager. All inquiries should
furnish the full name of the individual
and the mailing address to which the
reply should be mailed.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Members of Congress, their staffs, the
White House, charging parties, members
of the general public, current and former
federal employees.
21:24 Nov 16, 2016
Jkt 241001
SYSTEM NAME:
Freedom of Information Act and
Privacy Act Records.
SYSTEM LOCATION:
Field Office where Freedom of
Information Act or Privacy Act request
was submitted (see Appendix A); Office
of Legal Counsel, Equal Employment
Opportunity Commission, 131 M Street
NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
STORAGE:
VerDate Sep<11>2014
EEOC–6
Persons who submit Freedom of
Information Act (FOIA) and Privacy Act
requests and administrative appeals to
the Equal Employment Opportunity
Commission (EEOC); and persons whose
requests and/or records have been
submitted to EEOC by other agencies.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records
created or compiled in response to FOIA
or Privacy Act requests and
administrative appeals, including the
original requests and administrative
appeals, responses to such requests and
administrative appeals, all related
memoranda, correspondence, notes and
other related or supporting
documentation, and, in some instances,
copies of requested records and records
under administrative appeal.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; 5 U.S.C
552; and 5 U.S.C. 552a.
PURPOSE(S):
This system is maintained for the
purpose of processing requests and
administrative appeals under the FOIA,
and access and amendment requests and
administrative appeals under the
Privacy Act; for the purpose of
participating in litigation regarding
agency action on such requests and
appeals; and for the purpose of assisting
EEOC in carrying out any other
responsibilities under the FOIA and the
Privacy Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To provide information to a federal,
state, local, or foreign agency or entity
for the purpose of consulting with that
agency or entity to enable the EEOC to
make a determination as to the propriety
of access to, or correction of,
information, or for the purpose of
verifying the identity of an individual or
the accuracy of information submitted
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
by an individual who has requested
access to or amendment of information.
b. To provide information to a federal
agency or entity that furnished the
record or information for the purpose of
permitting that agency or entity to make
a decision as to access to, or correction
of, the record or information.
c. To provide information to a
submitter or subject of a record or
information in order to obtain assistance
to EEOC in making a determination as
to access or amendment.
d. To provide information to the
National Archives and Records
Administration, Office of Government
Information Services (OGIS), to the
extent necessary to fulfill its
responsibilities under 5 U.S.C. 552(h) to
review federal agency policies,
procedures, and compliance with the
FOIA, and to facilitate OGIS’s offering of
mediation services to resolve disputes
between persons making FOIA requests
and federal agencies.
e. To provide information to
contractors, experts, consultants,
students, and others performing or
working on a contract, service, or other
assignment for the federal government,
when necessary to accomplish an
agency function related to this system of
records.
f. To provide information to a
congressional office from the record of
the individual in response to an inquiry
from that congressional office made at
the request of that individual.
g. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
h. To disclose pertinent information
to the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
when the EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
i. To disclose in response to a request
for discovery or for appearance of a
witness, information that is relevant to
the subject matter involved in the
pending judicial or administrative
proceeding.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
referred to EEOC requests concerning
EEOC records.
EEOC–7
STORAGE:
Records in this system are stored on
paper and/or in electronic form.
SYSTEM NAME:
RETRIEVABILITY:
SYSTEM LOCATION:
Employee Pay and Leave Records.
Records are retrieved by the name of
the requester or appellant; the number
assigned to the request or appeal; and,
in some instances, the name of the
attorney representing the requester or
appellant or the name of the EEOC
personnel assigned to handle such
requests and appeals.
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
applicable laws, rules, and policies,
including EEOC’s automated systems
security and access policies. Records
and electronic equipment are
maintained in buildings with restricted
access. The required use of password
protection identification features and
other system protection methods also
restrict access. Access is limited to those
EEOC officers and employees who have
an official need for access to perform
their duties.
RETENTION AND DISPOSAL:
Records are retained and disposed of
in accordance with the National
Archives and Records Administration’s
General Records Schedule 14.
Director of the field office where the
Freedom of Information Act or Privacy
Act request was submitted (see
Appendix A) or the Legal Counsel, 131
M Street NE., Washington, DC 20507.
NOTIFICATION PROCEDURE:
Inquiries concerning this system of
records should be addressed to the
system manager. All inquiries should
furnish the full name of the individual
and the mailing address or email
address to which the reply should be
mailed.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Same as above.
RECORD SOURCE CATEGORIES:
Individuals who submit initial
requests and administrative appeals
pursuant to the FOIA and the Privacy
Act; the agency records searched in the
process of responding to such requests
and appeals; EEOC personnel assigned
to handle such requests and appeals;
and other agencies or entities that have
21:24 Nov 16, 2016
Jkt 241001
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former employees of
EEOC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Time and attendance records; leave
records (includes employee name,
branch or office, pay period ending,
leave and overtime used during the pay
period); requests for leave (earned or
advance) or leave of absence; requests
for an authorization of overtime; annual
attendance record (indicates name,
social security number, service
computation date, hours and dates
worked and taken as leave, pay plan,
salary and occupation code, grade, leave
earned and used); thrift savings plan
participation, deductions for Medicare,
FICA, taxes, life, health, and long term
care insurance, union contributions,
charitable contributions, savings
allotments and bond issuance and bond
balance.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101.
PURPOSE:
SYSTEM MANAGER(S) AND ADDRESS:
VerDate Sep<11>2014
All locations listed in Appendix A.
The records in this system are
maintained in accordance with the
requirements set forth by statutes,
regulations and guidance from the
Office of Personnel Management, the
General Services Administration, and
the Thrift Savings Board. They are
maintained for the purpose of providing
salaries and other benefits to EEOC
employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
b. To provide a copy of an employee’s
Department of the Treasury Form W–2,
Wage and Tax Statement, to the state,
city or other local jurisdiction which is
authorized to tax the employee’s
compensation. The record will be
provided in accordance with a
withholding agreement between the
state, city, or other jurisdiction and the
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Frm 00071
Fmt 4703
Sfmt 4703
81123
Department of Treasury pursuant to 5
U.S.C. 5516, 5517 or 5520, or in
response to a written request from an
appropriate official of the taxing
jurisdiction. The request must include a
copy of the applicable statute or
ordinance authorizing the taxation of
compensation and should indicate
whether the authority of the jurisdiction
to tax the employee is based on place of
residence, place of employment, or
both.
c. To disclose copies of executed city
tax withholding certificates to a city
pursuant to a withholding agreement
between the city and the Department of
the Treasury (5 U.S.C. 5520) in response
to a written request from an appropriate
city official.
d. To disclose the social security
number only, in the absence of a
withholding agreement, to a taxing
jurisdiction that has furnished this
agency with evidence of its independent
authority to compel disclosure of the
social security number, in accordance
with section 7 of the Privacy Act, 5
U.S.C. 552a note.
e. To disclose pertinent information to
the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
f. To disclose to an agency in the
executive, legislative, or judicial branch
or the District of Columbia’s
Government information in connection
with the hiring of an employee, the
issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
classifying of jobs, the letting of a
contract, the issuance of a license, grant,
or other benefits by the requesting
agency, or the lawful statutory,
administrative, or investigative purpose
of the agency to the extent that the
information is relevant and necessary to
the requesting agency’s decision.
g. To disclose to an authorized appeal
grievance examiner, formal complaints
examiner, administrative judge, equal
employment opportunity investigator,
arbitrator, or other duly authorized
official engaged in investigation or
settlement of a grievance, complaint, or
appeal filed by an employee.
h. To disclose to the Office of
Personnel Management in accordance
with the agency’s responsibility for
evaluation and oversight of Federal
personnel management.
i. To disclose to officers and
employees of the Department of the
Interior in connection with
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administrative services provided to this
agency under agreement with DOI.
j. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
k. To disclose information to the
Office of Child Support Enforcement,
Administration for Children and
Families, Department of Health and
Human Services Federal Parent Locator
system (FPLS) and Federal Tax Offset
system for use in locating individuals
and identifying their income sources to
establish paternity, establish and modify
orders of support and for enforcement
action.
l. To disclose information to the
Office of Child Support Enforcement for
release to the Social Security
Administration for verifying social
security numbers in connection with the
operation of the FPLS by the Office of
Child Support Enforcement.
m. To disclose information to the
Office of Child Support Enforcement for
release to the Department of Treasury
for purposes of administering the
Earned Income Tax Credit Program
(Section 32, Internal Revenue Code of
1986) and verifying a claim with respect
to employment in a tax return.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Disclosures may be made from this
system to consumer reporting agencies
as defined in the Fair Credit Reporting
Act (15 U.S.C. 1681a(f)) or the Federal
Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
NOTIFICATION PROCEDURE:
Inquiries concerning this system of
records should be addressed to the
system manager. It is necessary to
furnish the following information: (1)
Name and (2) mailing address to which
the response is to be sent.
RECORD SOURCE CATEGORIES:
Official personnel folder, data
submitted by employees and data
submitted by the offices where the
individuals are or were employed.
EEOC–8
SYSTEM NAME:
Employee Travel and Reimbursement
Records.
SYSTEM LOCATION:
All locations listed in Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Includes travel orders, travel
vouchers, records of travel advances,
amounts owed the agency by employees
for travel and other purposes, amounts
payable to the employee for travel and
other purposes, payments made to the
employees for travel and other
reimbursable transactions, and a record
of the difference between the cost of
official travel as estimated in the travel
order and the amount actually expended
by the employee.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. 3512, 44 U.S.C. 3101.
PURPOSE:
These records are maintained in
accordance with the General Service
Administration’s regulations for the
purpose of allowing EEOC employees to
travel for official business and
reimbursing travel expenses.
Stored electronically and in file
folders.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
RETRIEVABILITY:
These records and information in
these records may be used:
a. To disclose pertinent information to
the appropriate Federal, State, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
b. To disclose to an agency in the
executive, legislative, or judicial branch
or the District of Columbia’s
Government, information in connection
with the hiring of an employee, the
Indexed by an assigned employee
code.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SAFEGUARDS:
Access to these records is limited to
employees whose official duties require
such access.
RETENTION AND DISPOSAL:
The records are destroyed after three
years.
SYSTEM MANAGER AND ADDRESS:
Director of each Commission Office
(See Appendix A).
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issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
classifying of jobs, the letting of a
contract, the issuance of a license, grant,
or other benefits by the requesting
agency, or the lawful statutory,
administrative, or investigative purpose
of the agency to the extent that the
information is relevant and necessary to
the requesting agency’s decision.
c. To disclose to an authorized appeal
grievance examiner, formal complaints
examiner, administrative judge, equal
employment opportunity investigator,
arbitrator, or other duly authorized
official engaged in investigation or
settlement of a grievance, complaint, or
appeal filed by an employee.
d. To disclose to the Office of
Personnel Management in accordance
with the agency’s responsibility for
evaluation and oversight of Federal
personnel management.
e. To disclose to officers and
employees of the Department of the
Interior in connection with
administrative services provided to this
agency under agreement with DOI.
f. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
g. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Disclosures may be made from this
system to consumer reporting agencies
as defined in the Fair Credit Reporting
Act (15 U.S.C. 1681a(f)) or the Federal
Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Stored on prepared forms and
electronically.
RETRIEVABILITY:
Indexed alphabetically by name and/
or chronologically by event and name.
Access to and use of these records is
limited to those persons whose official
duties require such access. Personnel
screening is employed to prevent
unauthorized disclosure. Files are
stored electronically and in standard
cabinets, safes, and secured rooms.
Access to electronic records is limited,
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through use of user names and
passwords, to those whose official
duties require access.
RETENTION AND DISPOSAL:
These records are destroyed in
accordance with GSA General Records
Schedule 2.
SYSTEM MANAGER AND ADDRESS:
Director, Finance and Systems
Services Division, Office of the Chief
Financial Officer, EEOC, 131 M Street
NE., Washington, DC 20507.
NOTIFICATION PROCEDURE:
Employees of the Commission
wishing to know whether information
about them is maintained in this system
of records should address inquiries to
the Director of the Office where
employed (see Appendix A). The
individual should provide his or her full
name, date of birth, and mailing
address.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Bills, receipts, and claims presented
by employees and original data
generated by the Commission.
EEOC–9
Claims Collection Records.
SYSTEM LOCATION:
These records are located in the
Finance and Systems Services Division,
Office of Chief Financial Officer, Equal
Employment Opportunity Commission,
131 M Street NE., Washington, DC
20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Any individual who is indebted to the
United States as a result of his or her
interaction or financial activities with
the Commission or another federal
agency including, but not limited to,
any current or former Commission
employee.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains:
Debtor Files. These files contain
information and evidence on the
identity and location of the individual
who is subject to a claim, the origin and
amount of the indebtedness, decisions
and determinations regarding a claim,
actions taken to collect a claim, and the
results of those actions. Depending on
the status of a claim, a case file may
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 5514, 5522, 5584, 5705,
5724(f); 15 U.S.C. 1692; 26 U.S.C. 6331;
31 U.S.C. 3701, 3702, 3711, 3716, 3717,
3718, 3719; 44 U.S.C. 3101; 4 CFR parts
91–93, 101–105.
PURPOSE:
This system is maintained for the
purpose of collecting debts owed the
United States by individuals as a result
of their interaction with the
Commission or another federal agency.
The debts are collected in accordance
with the Commission’s regulatory debt
collection procedures, which include
salary offset, administrative offset,
Federal income tax refund offset, and
wage garnishment.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
SYSTEM NAME:
VerDate Sep<11>2014
include such records as documents
evidencing indebtedness, written
demands for payment, required notices,
financial statements, medical disability
statements, agency investigative reports,
credit reports, written agreements for
payment, intra-agency and inter-agency
memoranda of consultation and opinion
on the collection action, documentation
resulting from a hearing, requests for
waiver, requests for reconsideration,
written determinations and decisions,
certifications of indebtedness by this or
another agency, counterclaims,
judgments, and documents evidencing
payment or compromise of the debt.
These records and information in
these records may be used:
a. To disclose information to
appropriate officials and employees of
the Department of Justice for the
purposes of litigation and forced
collection on administratively
uncollected debts.
b. To disclose information to
appropriate officials of the Department
of the Treasury and the Office of
Management and Budget to provide
reports on debt collection activities.
c. To disclose information to another
federal agency for the purpose of
collecting a debt owed to the
Commission by an individual through
EEOC’s debt collection procedures
undertaken by the other agency upon
proper certification or evidence of the
debt owed from the Commission.
d. To disclose information to another
federal agency for the purpose of
collecting a debt owed to that agency by
an individual through EEOC’s debt
collection procedures undertaken by the
Commission upon proper certification
or evidence of the debt owed from the
other agency.
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e. To disclose a debtor’s name and
identification number to the Secretary of
the Treasury or his or her designee for
the purpose of obtaining the debtor’s
mailing address from the IRS.
f. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
g. To disclose pertinent information to
the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
h. To disclose to an agency in the
executive, legislative, or judicial branch
or the District of Columbia’s government
in response to its request, or at the
initiation of the agency maintaining the
records, information in connection with
the hiring of an employee, the issuance
of a security clearance, the conducting
of a security or suitability investigation
of an individual, the classifying of jobs,
the letting of a contract, the issuance of
a license, grant, or other benefit by the
requesting agency, or the lawful
statutory, administrative, or
investigative purpose of the agency to
the extent that the information is
relevant and necessary to the requesting
agency’s decision.
i. To disclose to officers and
employees of the Department of the
Interior Business Center, in connection
with administrative services provided to
this agency under agreement with DOI.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file
folders and electronically.
RETRIEVABILITY:
These records are indexed by the
name of the individual.
SAFEGUARDS:
Records are maintained and stored in
file cabinets in a secured area and
electronically to which only authorized
personnel have access. Access to and
use of these records is limited to those
persons whose official duties require
such access.
RETENTION AND DISPOSAL:
Individual case files are usually
retained for two years after the claim is
collected. Case records on individuals
whose delinquent debts are reported to
consumer reporting agencies are
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retained indefinitely. Other case files
may be maintained for a period up to
ten years. IRS Mailing Address Index on
any individual is not maintained
beyond six years.
SYSTEM MANAGER AND ADDRESS:
Director, Finance and Systems
Services Division, Office of Chief
Financial Officer Equal Employment
Opportunity Commission, 131 M Street
NE., Washington, DC 20507.
NOTIFICATION PROCEDURES:
Under the Debt Collection Act,
individuals are notified if claims
collection records are maintained on
them in accordance with statutory
procedures for debt collection.
Individuals may also contact the System
Manager in order to obtain notification
of claims collection records on
themselves.
Individuals must provide their full
names under which records may be
maintained, and a mailing address to
which a reply should be sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided by or from:
a. The individual on whom the record
is maintained;
b. Other Federal agencies;
c. Personnel, payroll, travel records,
contract records, or other records;
d. Administrative hearings;
e. Court records.
EEOC–10
SYSTEM NAME:
Grievance Records.
SYSTEM LOCATION:
These records are located in the Office
of the Chief Human Capital Officer,
Equal Employment Opportunity
Commission, 131 M Street NE.,
Washington, DC 20507, and in other
headquarter offices and offices in the
field where the grievances were filed
(see Appendix A).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current or former EEOC employees
who have submitted grievances to the
EEOC, or pursuant to a negotiated
procedure.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains all documents
related to the grievance, including
statements of witnesses, reports of
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interviews and hearings, examiners’
findings and recommendations, a copy
of the original and final decision, and
related correspondence and exhibits.
This system includes files and records
of internal grievance and arbitration
systems that EEOC has or may establish
through negotiations with recognized
labor organizations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; 5 U.S.C.
7121.
PURPOSE:
These records result from EEOC
employees’ grievances, filed under the
Commission’s administrative grievance
procedures or the formal grievance
procedures contained in section 7121 of
the Civil Service Reform Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To disclose information to any
source from which additional
information is requested in the course of
processing a grievance, to the extent
necessary to identify the individual,
inform the source of the purpose(s) of
the request, and identify the type of
information requested.
b. To disclose pertinent information
to the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
c. To disclose to an agency in the
executive, legislative, or judicial branch
or the District of Columbia’s
government, information in connection
with the hiring of an employee, the
issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
classifying of jobs, the letting of a
contract, the issuance of a license, grant,
or other benefits by the requesting
agency, or the lawful statutory,
administrative, or investigative purpose
of the agency to the extent that the
information is relevant and necessary to
the requesting agency’s decision.
d. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
e. To provide information to a
congressional office from the record of
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an individual in response to an inquiry
from that congressional office made at
the request of that individual.
f. To disclose to an authorized appeal
grievance examiner, formal complaints
examiner, administrative judge, equal
employment opportunity investigator,
arbitrator, or other duly authorized
official engaged in investigation or
settlement of a grievance, complaint, or
appeal filed by an employee.
g. To disclose in response to a request
for discovery or for appearance of a
witness, information that is relevant to
the subject matter involved in a pending
judicial or administrative proceeding.
h. To provide information to officials
of labor organizations recognized under
the Civil Service Reform Act when
relevant and necessary to their duties of
exclusive representation concerning
personnel policies, practices, and
matters affecting work conditions.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file
folders and electronically.
RETRIEVABILITY:
These records are retrieved by
grievance numbers and the names of the
individuals on whom they are
maintained.
SAFEGUARDS:
These records are maintained in
lockable metal filing cabinets to which
only authorized personnel have access.
Access to electronic records is limited,
through use of usernames and
passwords, to those whose official
duties require access.
RETENTION AND DISPOSAL:
These records are shredded or burned
3 years after closing the case.
SYSTEM MANAGER AND ADDRESS:
If the grievance is pending at or was
never raised beyond the Step 1 or Step
2 level, the system manager is the office
director, administrative officer, or
district resource manager. (See
Appendix A.) For grievances that were
raised beyond Step 2, the system
manager is the Chief Human Capital
Officer, EEOC, 131 M Street NE.,
Washington, DC 20507.
NOTIFICATION PROCEDURES:
It is required that individuals
submitting grievances be provided a
copy of the record under the grievance
process. They may, however, contact the
agency personnel or designated office
where the action was processed
regarding the existence of such records
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regarding them. They must furnish the
following information for their records
to be located and identified: (a) Name;
(b) approximate date of closing of the
case and kind of action taken; (c)
organizational component involved.
RECORDS ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided:
a. By the individual on whom the
record is maintained;
b. By testimony of witnesses;
c. By agency officials;
d. From related correspondence from
organizations or persons.
EEOC–11
SYSTEM NAME:
Records of Adverse Actions Against
Nonpreference Eligibles in the Excepted
Service.
SYSTEM LOCATION:
These records are located in Office of
Chief Human Capital Officer, Equal
Employment Opportunity Commission,
131 M Street NE., Washington, DC
20507 or in the headquarters and offices
in the field in which the actions have
been taken.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current or former nonpreferenceeligible, excepted service Equal
Employment Opportunity Commission
(EEOC) employees against whom an
adverse action has been proposed or
taken and who have not completed two
years of current and continuous service
in the same or similar positions. [This
system covers only those adverse action
files not covered by OPM/GOVT–3.]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains records and
documents on the processing of adverse
actions for employees who are
nonpreference eligible in the excepted
service and who do not have two years
of continuous service in their positions.
The records include copies of the notice
of proposed action, materials relied on
by the agency to support the reasons in
the notice, replies by the employee,
statements of witnesses, reports, and
agency decisions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101.
PURPOSE:
These records result from the
proposal, processing, and
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documentation of adverse actions taken
by the Commission against
nonpreference-eligible, excepted service
EEOC employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
records may be used:
a. To provide information to officials
of labor organizations recognized under
5 U.S.C. Chapter 71 when relevant and
necessary to their duties of exclusive
representation concerning personnel
policies, practices, and matters affecting
work conditions.
b. To disclose pertinent information
to the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
when the EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
c. To disclose information to any
source from which additional
information is requested for processing
any of the covered actions or in regard
to any appeal or administrative review
procedure, to the extent necessary to
identify the individual, inform the
source of the purpose(s) of the request,
and identify the type of information
requested.
d. To disclose information to a federal
agency, in response to its request, in
connection with the hiring or retention
of an employee, the issuance of a
security clearance, the conducting of a
security or suitability investigation of an
individual, or the classifying of jobs, to
the extent that the information is
relevant and necessary to the requesting
agency’s decision on the matter.
e. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from that congressional office made at
the request of that individual.
f. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
g. To disclose, in response to a request
for discovery or for appearance of a
witness, information that is relevant to
the subject matter involved in a pending
judicial, or administrative proceeding.
h. To disclose to an authorized appeal
grievance examiner, formal complaints
examiner, administrative judge, equal
employment opportunity investigator,
arbitrator, or other duly authorized
official engaged in the investigation or
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81127
settlement of a grievance, complaint, or
appeal filed by an employee.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, SAFEGUARDING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file
folders and electronically.
RETRIEVABILITY:
These records are retrieved by the
names of the individuals on whom they
are maintained.
SAFEGUARDS:
These records are maintained in
locked metal filing cabinets to which
only authorized personnel have access.
Access to electronic records is limited,
through use of usernames and
passwords, to those whose official
duties require access.
RETENTION AND DISPOSAL:
Records documenting an adverse
action are disposed of 4 years after the
closing of the case.
SYSTEM MANAGER AND ADDRESS:
Chief Human Capital Officer, and
Directors of offices in the field (see
Appendix A).
NOTIFICATION PROCEDURES:
Individuals receiving notice of a
proposed action are provided access to
all documents supporting the notice.
They may also contact the personnel
office where the action was processed
regarding the existence of such records
on them. They must furnish the
following information for their records
to be located and identified:
a. Name
b. Approximate date of closing of case
and kind of action taken
c. Organizational component
involved.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided:
a. By the individual on whom the
record is maintained
b. By witnesses
c. By agency officials.
EEOC–12
SYSTEM NAME:
Telephone Call Detail Records.
SYSTEM LOCATION:
Telecommunications Manager,
Customer Services Management
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RECORD SOURCE CATEGORIES:
Records relating to the use of EEOC
telephones and government phone cards
to make calls; records indicating the
assignment of telephone numbers to
employees; records relating to the
location of telephones.
in response to its request, or at the
initiation of the EEOC, information in
connection with the hiring of an
employee, the issuance of a security
clearance, the conducting of a security
or suitability investigation of an
individual, the classifying of jobs, the
letting of a contract, the issuance of a
license, grant or other benefits by the
requesting agency, or the lawful
statutory, administrative, or
investigative purpose of the agency to
the extent that the information is
relevant and necessary to the requesting
agency’s decision.
f. To disclose to a telecommunications
company providing telecommunications
support to permit servicing the account.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
STORAGE:
Division, Office of Information
Technology, EEOC, 131 MM Street NE.,
Washington DC 20507, and each office
in the field listed in Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals (generally EEOC
employees) who made telephone calls
from EEOC telephones, individuals who
received telephone calls from, or
charged to, EEOC telephones., and
individuals who are assigned U.S.
government phone cards by EEOC.
CATEGORIES OF RECORDS IN THE SYSTEM:
PURPOSE:
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Jkt 241001
SYSTEM LOCATION:
Operations Services Division, Office
of the Chief Human Capital Officer,
EEOC, 131 M Street NE., Washington
DC 20507, and each of the field offices
in Appendix A.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records are maintained and stored in
file cabinets in a secured area to which
only authorized personnel have access.
Access to electronic records is limited,
through use of usernames and
passwords, to those whose official
duties require access.
Records maintained on individuals
issued identification cards, including
Personal Identification Verification
(PIV) cards, by EEOC include the
following information: Full name;
signature; social security number; date
of birth; photograph; fingerprints; hair
color; eye color; height; weight; office of
assignment; telephone number; copy of
background investigation form; card
issue and expiration dates; personal
identification number; results of
background investigation; PIV request
form; PIV registrar approval signature;
PIV card serial number; and a list of all
persons who possess current
identification cards. In addition, for
office locations permitting access by
proximity cards, numbered proximity
cards and a list of all persons with their
assigned proximity card numbers, all
doors controlled by the proximity cards,
and all persons permitted access to each
door.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
21:24 Nov 16, 2016
Employee Identification Cards.
SAFEGUARDS:
RETRIEVABILITY:
VerDate Sep<11>2014
SYSTEM NAME:
Records are retrieved by employee
name or identification number and by
name of recipient of telephone call or
telephone number.
These records are maintained for the
purpose of keeping an account of
telephone calls made from EEOC
telephones and ensuring that phone
calls and card charges are made for
official business only.
These records and information from
these records may be used:
a. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from that congressional office made at
the request of that individual.
b. To disclose to representatives of the
General Services Administration or the
National Archives and Records
Administration who are conducting
records management inspections under
the authority of 44 U.S.C. 2904 and
2906.
c. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
d. To disclose pertinent information
to the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where the disclosing agency becomes
aware of an indication of a violation or
potential violation of civil or criminal
law or regulation.
e. To disclose to an agency in the
executive, legislative, or judicial branch
or the District of Columbia’s government
EEOC–13
Current EEOC employees, and other
individuals who require regular,
ongoing access to EEOC facilities or
information technology systems
including, but not limited to, federal
employees, contractors, interns,
volunteers, and individuals formerly in
any of these positions. This system does
not apply to occasional or short-term
visitors.
These records are maintained in file
folders and electronically.
44 U.S.C. 3101.
Telephone assignment records; call
detail listings; results of administrative
inquiries relating to assignment of
responsibilities for placement of specific
local and long distance calls. on
government phone card bills
RETENTION AND DISPOSAL:
Records are disposed of as provided
in the National Archives and Records
Administration’s General Records
Schedule 12.
SYSTEM MANAGER AND ADDRESS:
Telecommunications Manager,
Customer Services Management
Division, Office of Information
Technology, EEOC, 131M Street NE.,
Washington DC, 20507 and the Directors
of the field offices listed in Appendix A.
NOTIFICATION PROCEDURES:
Inquiries concerning this system of
records should be addressed to the
system manager. It is necessary to
provide the following information: (1)
Name; (2) telephone number (office
number if Commission employee); (3)
mailing address to which response is to
be sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
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AUTHORITY FOR MAINTENANCE OF SYSTEM:
44 U.S.C. 3101; 41 CFR 101–20.3.
5 U.S.C. 301; Federal Information
Security Act (Pub. L. 104–106, 5113);
Electronic Government Act (Pub. L.
104–347, 203); Homeland Security
Presidential Directive (HSPD) 12, Policy
for Common Identification Standard for
Federal Employees and Contractors,
August 27, 2004; and Office of
Personnel Management Memorandum,
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Final Credentialing Standards for
Issuing Personal Identity Verification
Cards under HSPD–12, July 31, 2008.
through use of usernames and
passwords, to those whose official
duties require access.
PURPOSE:
RETENTION AND DISPOSAL:
These records are maintained for the
purpose of ensuring that EEOC offices
and information systems are secure and
that only authorized individuals have
access to those offices and systems.
Records are destroyed not later than
five years after the separation or transfer
of the employee. In accordance with
HSPD–12, PIV cards are deactivated
within 18 hours of cardholder
separation, loss of card, or expiration.
The information on PIV cards is
maintained in accordance with General
Records Schedule 11, Item 4. PIV cards
are destroyed by cross-cut shredding no
later than 90 days after deactivation.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information from
these records may be used:
a. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from that congressional office made at
the request of that individual.
b. To disclose to other government
agencies and to the public whether an
individual is a current employee of the
EEOC.
c. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
d. To disclose pertinent information
to the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
e. To disclose information to agency
contractors who have been engaged to
assist the agency in the performance of
a contract or other activity related to
this system of records and who need to
have access to the records in order to
perform their activity.
f. To notify another federal agency
when, or verify whether, a PIV card is
no longer valid.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
Director, Operations Services
Division, Office of the Chief Human
Capital Officer, EEOC, 131 M Street NE.,
Washington DC 20507, and the Directors
of the field offices listed in Appendix A.
NOTIFICATION PROCEDURES:
Inquiries concerning this system of
records should be addressed to the
system manager. It is necessary to
provide the following information: (1)
Name; (2) date of birth; and (3) mailing
address to which the response is to be
sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information contained in this system
is obtained from the employee or
contractor; other federal agencies;
contract employer; or former employer.
EEOC–14
Reserved
EEOC–15
SYSTEM NAME:
Internal Harassment Inquiries.
SYSTEM LOCATION:
STORAGE:
These records are maintained in paper
files and in electronic media.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
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Records are retrieved by name, social
security number, other ID number, PIV
card serial number, photograph, or
fingerprint.
SAFEGUARDS:
Records are maintained and stored in
file cabinets in a secured area to which
only authorized personnel have access.
Access to electronic records is limited,
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Jkt 241001
Current or former EEOC employees,
contractors, applicants, interns, and
volunteers who have submitted
complaints or reports of harassment
under EEOC Order 560.005, Prevention
and Elimination of Harassment in the
Workplace, and current and former
EEOC employees, contractors,
applicants, interns, and volunteers who
have been accused of harassment under
that Order.
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CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains all documents
related to a complaint or report of
harassment, including statements of
witnesses, reports of interviews,
investigator’s and Coordinator’s findings
and recommendations, final decisions
and corrective action taken, and related
correspondence and exhibits.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 633a; 29 U.S.C. 791; 42
U.S.C. 2000e–16; 44 U.S.C. 3101; Exec.
Order No. 11478, 34 FR 12985; Exec.
Order No. 13087, 63 FR 30097.
PURPOSE:
SYSTEM MANAGER AND ADDRESS:
Office of the Chief Human Capital
Officer, Equal Employment Opportunity
Commission, 131 M Street NE.,
Washington, DC 20507.
RETRIEVABILITY:
81129
These records are maintained for the
purpose of conducting internal
investigations into allegations of
harassment brought by current or former
EEOC employees, contractors,
applicants, interns, and volunteers and
taking appropriate action in accordance
with EEOC Order 560.005.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To disclose information as
necessary to any source from which
additional information is requested in
the course of processing a complaint or
report of harassment made pursuant to
EEOC Order 560.005.
b. To disclose pertinent information
to the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
when the EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
c. To disclose information to another
federal agency, to a court, or to a party
in ligation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
d. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from that congressional office made at
the request of that individual.
e. To disclose to an authorized appeal
grievance examiner, formal complaints
examiner, administrative judge, equal
employment opportunity investigator,
arbitrator, or other duly authorized
official engaged in investigation or
settlement of a grievance, complaint, or
appeal filed by an employee.
f. To disclose to the individual who
filed the complaint or report of
harassment and to the alleged harasser
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the outcome of any inquiry that may
have been conducted and of
disciplinary and corrective steps taken.
g. To provide to officials of labor
organizations recognized under the Civil
Service Reform Act information to
which they are statutorily entitled when
relevant and necessary to their duties of
exclusive representation concerning
personnel policies, practices, and
matters affecting work conditions.
h. To provide to the alleged harasser
information in the event of a
disciplinary hearing.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who are subjects of
investigations by the Office of Inspector
General relating to the programs and
operations of the Equal Employment
Opportunity Commission. Subject
individuals include, but are not limited
to, current and former employees;
current and former agents or employees
of contractors and subcontractors in
their personal capacity, where
applicable; and other individuals whose
actions affect the EEOC, its programs or
operations.
CATEGORIES OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file
folders and electronically.
RETRIEVABILITY:
These records are cross-indexed by
the name of the individual who files a
complaint or report of harassment, the
name of the alleged victim of
harassment, if any, and the name of the
alleged harasser. The records may be
retrieved by any of the above three
indexes.
SAFEGUARDS:
The records are maintained in locked
metal filing cabinets to which only
authorized personnel have access.
Access to electronic records is limited,
through use of logins and passwords, to
those whose official duties require
access.
Correspondence relating to the
investigation; internal staff memoranda;
copies of subpoenas issued during the
investigation, affidavits, statements from
witnesses, transcripts of testimony taken
during the investigation, and
accompanying exhibits; documents,
notes, investigative notes, staff working
papers, draft materials, and other
documents and records relating to the
investigation; opening reports, progress
reports, and closing reports; video and
audio recordings; and other
investigatory information or data
relating to the alleged or suspected
criminal, civil, or administrative
violations or similar wrongdoing by
subject individuals.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Inspector General Act of 1978, as
amended, 5 U.S.C. App. 3.
RETENTION AND DISPOSAL:
PURPOSES:
These records are maintained for one
year after the complaint or report of
harassment is closed and then
transferred to the Federal Records
Center where they are destroyed after
three years.
Pursuant to the Inspector General Act
of 1978, as amended, this system of
records is maintained for the purpose of:
(1) Documenting the conduct and
outcome of investigations by the OIG
and other investigative agencies
regarding EEOC programs and
operations; (2) reporting the results of
investigations to other Federal agencies,
other public authorities or professional
organizations which have the authority
to bring criminal prosecutions, or civil
or administrative actions, or to impose
other disciplinary sanctions; (3)
maintaining a record of the activities
which were the subject of
investigations; (4) reporting
investigative findings to other
components of EEOC for their use in
operating and evaluating their programs
or operations, and in the imposition of
civil or administrative sanctions; (5)
coordinating relationships with other
Federal agencies, state and local
governmental agencies and
nongovernmental entities in matters
relating to the statutory responsibilities
of the OIG; and (6) acting as a repository
SYSTEM MANAGER(S) AND ADDRESS:
Harassment Coordinator, Office of
Chief Human Capital Officer, EEOC, 131
M Street NE., Washington, DC 20507.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
This system is exempt under 5 U.S.C.
552a(k)(2) from subsections (c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f)
of the Act.
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EEOC–16
SYSTEM NAME:
Office of Inspector General
Investigative Files.
SYSTEM LOCATION:
Office of Inspector General (OIG),
Equal Employment Opportunity
Commission, 131 M Street NE.,
Washington, DC 20507.
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Frm 00078
Fmt 4703
Sfmt 4703
and source for information necessary to
fulfill the reporting requirements of the
Inspector General Act, 5 U.S.C. App. 3.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
a. To disclose pertinent information to
the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation or order,
where the EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
b. To disclose information to any
source, private or governmental, to the
extent necessary to secure from such
source information relevant to and in
furtherance of a legitimate OIG
investigation, audit, evaluation, or other
inquiry.
c. To disclose information to agencies,
offices or establishments of the
executive, legislative, or judicial
branches of the Federal or state
governments:
(1) Where such agency, office, or
establishment has an interest in an
individual for employment purposes,
including a security clearance or
determination as to access to classified
information, and needs to evaluate the
individual’s qualifications, suitability,
or loyalty to the United States
Government, or access to classified
information or restricted areas, or
(2) Where such agency, office, or
establishment conducts an investigation
of the individual for purposes of
granting a security clearance, or for
making a determination of
qualifications, suitability or loyalty to
the United States Government, or access
to classified information or restricted
areas, or
(3) Where the records or information
in those records is relevant and
necessary to a decision with regard to
the hiring or retention of an employee
or disciplinary or other administrative
action concerning an employee.
d. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
e. To disclose information to a
Congressional office from the record of
an individual in response to an inquiry
from the Congressional office made at
the written request of that individual.
f. To private contractors who have
been retained by OIG to perform any
functions or analyses that facilitate or
are relevant to an OIG investigation,
audit, inspection, or inquiry.
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g. To disclose information to
authorized officials of the Council of
Inspectors General for Integrity and
Efficiency (CIGIE), the Department of
Justice, and the Federal Bureau of
Investigation for the purpose of
conducting qualitative assessment
reviews of the Office of Inspector
General’s investigative operations.
h. To disclose information to
authorized officials of the CIGIE for
their preparation of reports to the
President and Congress on the activities
of the Inspectors General.
i. To disclose to an agency,
organization or individual for the
purpose of performing audit or oversight
operations as authorized by law,
including peer reviews, but only such
information as is necessary and relevant
to such audit or oversight operation.’’
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in this system is stored
manually in file folders and
electronically.
The records are retrieved by the name
of the subject of the investigation or by
a unique control number assigned to
each investigation.
SAFEGUARDS:
Information is stored in locked file
cabinets in a secured space. Access to
electronic records is limited through the
use of logins and passwords to those
whose official duties require access.
RETENTION AND DISPOSAL:
Records are held for five (5) years and
then retired to the Federal Records
Center.
SYSTEM MANAGER AND ADDRESS:
Inspector General, Equal Employment
Opportunity Commission, P.O. Box
18858, Washington, DC 20036–8858.
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SYSTEM EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
Specific: Pursuant to 5 U.S.C.
552a(k)(2) the Office of Inspector
General Investigative Files are exempt
from subsections (c)(3), (d)(1), (d)(2) and
(e)(1) of the Privacy Act.
General: Pursuant to 5 U.S.C.
552a(j)(2), investigatory materials
compiled for criminal law enforcement
in the Office of Inspector General
Investigative Files are exempt from
subsections (c)(3), (d)(1), (d)(2), (e)(1),
(e)(2), and (e)(3) of the Privacy Act.
21:24 Nov 16, 2016
Jkt 241001
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101.
SYSTEM NAME:
Defensive Litigation Files.
PURPOSE:
SYSTEM LOCATION:
External Defensive Litigation Files are
located in the Office of Legal Counsel,
Equal Employment Opportunity
Commission, 131 M Street NE.,
Washington, DC 20507. Internal
Defensive Litigation Files are located in
the Office of General Counsel, Equal
Employment Opportunity Commission,
131 M Street NE., Washington, DC
20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who have filed civil or
administrative litigation against EEOC
and individuals who have given sworn
testimony, affidavits, or declarations
under penalty of perjury in such
actions. External cases are brought by
members of the public; internal cases
are brought by applicants, current, and
former EEOC employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
RETRIEVABILITY:
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EEOC–17
This system contains all documents
related to external and internal litigation
brought against the Commission. These
records include:
a. Documents submitted or filed by
plaintiffs, grievants, and EEO
complainants to prosecute civil or
administrative litigation against the
EEOC, such as complaints, grievances,
unfair labor practice claims, motions,
and briefs.
b. Documents submitted by the EEOC
to defend the action against it such as
an answer to a civil complaint or a
motion to dismiss or for summary
judgment, and a reply to an
administrative EEO complaint,
grievance, or unfair labor practice.
c. Administrative determinations at
issue in the litigation such as final
agency EEO decisions, final grievance
decisions, final decisions on personnel
actions, final agency administrative
dispositions of tort claims, and agency
determinations under the Freedom of
Information Act.
d. Discovery and investigatory
materials such as witness statements,
affidavits, declarations under penalty of
perjury, correspondence, records,
exhibits, and other documentary
evidence.
e. Litigation materials, such as
attorney work product, attorney notes,
hearing transcripts, legal memoranda,
and related correspondence and
exhibits.
f. Final judgments, orders, decisions,
decrees, and settlement agreements.
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These records are maintained for the
purpose of defending EEOC in litigation
brought against it by current and former
employees (internal files), charging
parties, respondents and members of the
public (external files).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To disclose pertinent information
as may be appropriate or necessary for
the Commission to defend itself in a
civil action or administrative
proceeding, or to seek enforcement of a
settlement, order, or final decision
involving the same or a similar matter.
b. To provide information to a
congressional office in response to an
inquiry from the congressional office
made at the request of a party to the
administrative or civil proceeding to
which the record pertains.
c. To disclose pertinent information to
an appropriate federal court, agency, or
administrative body responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where the EEOC becomes
aware of an indication of a violation or
potential violation of civil or criminal
law or regulation, or in order to seek
enforcement or clarification of an order
or decision for or against the EEOC to
which the record pertains.
d. To disclose information to another
federal agency or to a court when the
government is a party to the judicial or
administrative proceeding.
e. To disclose, in response to an order,
information that is relevant to a pending
judicial or administrative proceeding.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
External defensive litigation files are
maintained in a locked filing system in
the Office of Legal Counsel. Internal
defensive litigation files are maintained
in a locked filing system in the Office
of General Counsel. Information
identifying existing external and
internal defensive litigation files is
maintained electronically.
RETRIEVABILITY:
External Defensive Litigation records
are cross-indexed by name of the
plaintiff, and Office of Legal Counsel
reference number. Internal Defensive
Litigation records are maintained by
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name of plaintiff, complainant, grievant,
or aggrieved individual, and by Office of
General Counsel reference number. The
records may be retrieved by either
index.
SAFEGUARDS:
External Defensive Litigation paper
records maintained at EEOC
headquarters are kept in locked cabinets
in the Office of Legal Counsel. Internal
Defensive Litigation paper records
maintained at EEOC headquarters are
kept in locked cabinets in the Office of
General Counsel. Access to and use of
these records is limited to those persons
whose official duties require such
access. The premises are locked
evenings, weekends, and holidays.
Paper records which have been retired
are maintained at the Federal Records
Center. Access to electronic External
and Internal Defensive Litigation
records is limited through use of
passwords to those whose official duties
require access, input, and retrieval of
information.
RETENTION AND DISPOSAL:
Two years after the date of closure of
the underlying civil or administrative
action (e.g., final order, decision on
appeal), records pertaining to that action
are retired to the Federal Records
Center. Thereafter, non-permanent files
are destroyed six years after the date of
closure of the underlying action.
as amended, 5 U.S.C. 552a(d)(5), an
individual is precluded from access to
such records.
CONTESTING RECORDS PROCEDURES:
Same as the Notification Procedures
above.
RECORD SOURCE CATEGORIES:
Plaintiffs, grievants, complainants,
aggrieved individuals, current and
former EEOC employees.
EEOC–18
Reasonable Accommodation Records
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Indexed by name of employee or
applicant and office location.
SAFEGUARDS:
Files are maintained in locked
cabinets. Access is restricted to EEOC
personnel whose official duties require
such access. Access to computerized
records is limited, through use of logins
and passwords, to those whose official
duties require access.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former EEOC employees
and applicants who have requested
reasonable accommodations under the
Rehabilitation Act of 1973.
CATEGORIES OF RECORDS IN THE SYSTEM:
Requests for reasonable
accommodations; medical records; notes
or records made during consideration of
requests; decisions on requests; records
made to implement or track decisions
on requests.
The Rehabilitation Act of 1973, 29
U.S.C. 791; E.O. 13164.
The records described herein are
compiled in reasonable anticipation of a
civil action or proceeding. Pursuant to
section (d)(5) of the Privacy Act of 1974,
Maintained in locked file cabinets and
electronically.
Office of the Chief Human Capital
Officer, Equal Employment Opportunity
Commission, 131 M Street NE.,
Washington, DC 20507.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
RECORD ACCESS PROCEDURES:
STORAGE:
SYSTEM LOCATION:
The System Manager for External
Defensive Litigation files is the
Assistant Legal Counsel, Advice &
Litigation Division, Office of Legal
Counsel, Equal Employment
Opportunity Commission, 131 M Street
NE., Washington, DC 20507. The System
Manager for Internal Defensive
Litigation files is the Assistant General
Counsel for Internal Litigation Services,
Office of General Counsel, Equal
Employment Opportunity Commission,
131 M Street NE., Washington, DC
20507.
Any person wanting to know whether
this system of records contains
information about him or her should
contact the System Manager. Such
person should provide his or her full
name and mailing address to which a
response is to be sent, and forum, filing
date, and docket number of the action
involved, if available.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
RETRIEVABILITY:
SYSTEM NAME:
SYSTEM MANAGER(S) AND ADDRESS:
NOTIFICATION PROCEDURES:
employment opportunity investigator,
arbitrator, or other duly authorized
official engaged in investigation or
settlement of a grievance, complaint, or
appeal filed by an employee.
PURPOSE:
This system is maintained for the
purpose of considering, deciding, and
implementing requests for reasonable
accommodation made by EEOC
employees and applicants.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
a. To disclose information to medical
personnel to meet a bona fide medical
emergency.
b. To disclose information to another
Federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a Federal agency when
the Government is a party to the judicial
or administrative proceeding.
c. To disclose information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
d. To disclose to an authorized appeal
grievance examiner, formal complaints
examiner, administrative judge, equal
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RETENTION AND DISPOSAL:
These records will be maintained in
the Office of the Human Capital Officer
for the longer of an employee’s tenure
with EEOC or 5 years. Thereafter, they
will be destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Disability Program Manager, Office of
the Chief Human Capital Officer, Equal
Employment Opportunity Commission,
131 M Street NE., Washington, DC
20507.
NOTIFICATION PROCEDURES:
Any person wanting to know whether
this system of records contains
information about him or her should
contact the System Manager. Such
person should provide his or her full
name, position title and office location
at the time the accommodation was
requested, and mailing address to which
a response is to be sent.
RECORD ACCESS PROCEDURES:
Same as the Notification Procedures
above.
CONTESTING RECORDS PROCEDURES:
Same as the Notification Procedures
above.
RECORD SOURCE CATEGORIES:
Information contained in this system
is obtained from the current or former
employee, the Office of the Chief
Human Capital Officer, and
management officials.
EEOC–19
SYSTEM NAME:
Revolving Fund Registrations.
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SYSTEM LOCATION:
Revolving Fund Division, Office of
Field Programs, Equal Employment
Opportunity Commission, 131 M Street
NE., Washington, DC 20507.
RETENTION AND DISPOSAL:
These records are kept indefinitely.
SYSTEM MANAGER AND ADDRESS:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who register for or attend
EEOC Revolving Fund programs,
courses and conferences and who
purchase publications and products.
Director, Revolving Fund Division,
Office of Field Programs, Equal
Employment Opportunity Commission,
131 M Street NE., Washington, DC
20507.
NOTIFICATION PROCEDURE:
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains the names, job
titles, company, organization or agency
names, business addresses and phone
numbers, email addresses, any
reasonable accommodation requested,
and attendance or purchase dates. Some
of the records may contain payment
information, the industry of the
company, and the size of the
establishment.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inquiries concerning this system of
records should be addressed to the
system manager. All inquiries should
furnish the full name of the individual
and the mailing address to which the
reply should be mailed.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
42 U.S.C. 2000e–4(k).
PURPOSE(S):
These records are maintained for the
purpose of administering Revolving
Fund programs and publicizing future
programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To send mailings to registrants and
attendees advertising future Revolving
Fund programs.
b. To provide information to a
congressional office from the record of
the individual in response to an inquiry
from that congressional office made at
the request of that individual.
c. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
Information contained in this system
is obtained from the registrant or
attendee.
EEOC–20
SYSTEM NAME:
RESOLVE Program Records.
RESOLVE Program, which provides a
forum for the informal resolution of a
variety of workplace disputes as an
alternative to the formal procedures that
employees traditionally use to resolve
disputes.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To disclose pertinent information to
the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
when the EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
b. To provide information to a
congressional office from the record of
the individual in response to an inquiry
from that congressional office made at
the request of that individual.
c. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
SYSTEM LOCATION:
RESOLVE Program, Equal
Employment Opportunity Commission,
131 M Street NE., Washington, DC
20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former EEOC employees
who request alternative dispute
resolution during the counseling or
investigative process of their EEO
complaints against EEOC, as well as
EEOC employees who contact the
RESOLVE program for alternative
dispute resolution of disputes occurring
in their EEOC employment.
STORAGE:
These records are maintained in file
folders and electronically.
RETRIEVABILITY:
These records are indexed by the
names of the employee.
SAFEGUARDS:
The records are maintained in locked
metal filing cabinets to which only
authorized personnel have access.
Access to and use of electronic records
is limited, through use of logins and
passwords, to those whose official
duties require access.
STORAGE:
These records are maintained
electronically.
RETRIEVABILITY:
CATEGORIES OF RECORDS IN THE SYSTEM:
RETENTION AND DISPOSAL:
The system contains the records
generated in the course of receiving and
attempting to resolve disputes brought
to the RESOLVE program, including, as
appropriate, intake interview notes,
mediation scheduling notices, the
mediator’s outcome form, and
settlement agreements.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
entry logs, to those whose official duties
require access.
81133
These records are maintained for one
year after the complaint or dispute
matter brought to RESOLVE is closed
and then transferred to the Federal
Records Center where they are
destroyed after three years.
SYSTEM MANAGER AND ADDRESS:
These records are indexed by the
names of the registrants or attendees, by
company, organization, or agency name.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 571–574; 44 U.S.C. 3101; 29
CFR part 1614.
Chief Mediation Officer, Equal
Employment Opportunity Commission,
131 M Street NE., Washington, DC
20507.
SAFEGUARDS:
PURPOSE(S):
NOTIFICATION PROCEDURE:
Access to and use of these records is
limited, through use of access codes and
These records are maintained for the
purpose of administering EEOC’s
Inquiries concerning this system of
records should be addressed to the
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system manager. All inquiries should
furnish the full name of the individual
and the mailing address to which the
reply should be mailed.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information contained in this system
is obtained from the current or former
employee, the Office of Equal
Opportunity, the Office of the Chief
Human Capital Officer, management
officials, union officials, and the
mediator.
EEOC–21
SYSTEM NAME:
Emergency Management Records.
SYSTEM LOCATION:
Headquarters, District, Field, Area,
and Local Offices may maintain
emergency contact files. The Office of
the Chief Financial Officer maintains
emergency management and continuity
of operations (COOP) files. The Office of
the Chief Human Capital Officer
maintains the orders of succession,
which are part of the COOP files.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
EEOC employees, contractors, and
other governmental and nongovernmental persons essential to
carrying out emergency activities.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
The records, composed of emergency
notification rosters and files, emergency
contact information, and COOP files,
may contain the following personal
information: Name; office, cellular and
home telephone numbers; home
address; email address; primary contact
name, relationship, address, cellular,
work and home telephone numbers;
alternate contact’s name, relationship,
address, cellular, work and home
telephone numbers. Each office may
collect a different set of information.
System records may include special
needs information such as medical,
mobility, and transportation
requirements for individuals.
Additional information may include
official titles and emergency
assignments.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101;
Executive Order 12565, Assignment of
Emergency Preparedness
Responsibilities, (Nov. 18, 1989);
Presidential Decision Directive 67,
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Ensuring Constitutional Government
and Continuity of Government
Operations.
PURPOSE:
To maintain current information on
EEOC employees and other persons
covered by this system to allow persons
with emergency management
responsibilities to notify or contact them
about conditions that require their
urgent assistance or attention during an
emergency.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
a. To disclose pertinent information to
the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where EEOC becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
b. To disclose information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
c. To disclose information to an
expert, consultant or contractor in the
performance of a federal government
duty involving EEOC emergency
management.
d. To disclose information about an
individual during an emergency in
order to locate or contact that
individual.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in paper
files and in electronic media.
RETRIEVABILITY:
Records are retrieved by name,
organization, or location.
SAFEGUARDS:
Records are maintained and stored in
file cabinets in a secured area to which
only authorized personnel have access.
Access to electronic records is limited
through use of logins and passwords for
those whose official duties require
access.
RETENTION AND DISPOSAL:
Records are destroyed one year after
termination of the employment
relationship or contract termination.
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SYSTEM MANAGER(S) AND ADDRESS:
Headquarters, District, Field, Area,
and Local Office Directors. Addresses
listed in Appendix A.
NOTIFICATION PROCEDURES:
Inquiries concerning this system of
records should be made to the system
manager. It is necessary to provide the
name of the individual and the mailing
address to which the response should be
sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information in this system is obtained
from the individuals themselves, their
supervisors or office.
EEOC–22
SYSTEM NAME:
EEOC Personnel Security Files.
SYSTEM LOCATION:
Office of the Chief Human Capital
Officer, Operations Services Division,
Equal Employment Opportunity
Commission, 131 M Street NE.,
Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
EEOC employees, applicants, former
employees, interns, volunteers, and
contractors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, former names, birth date, birth
place, social security number, home
address, telephone numbers,
employment history, residential history,
education and degrees earned, names of
associates and references and their
contact information, citizenship, names
of relatives, citizenship of relatives,
names of relatives who work for the
federal government, criminal history,
drug use, financial information,
fingerprints, summary report of
investigation, results of suitability
decisions, requests for appeal, witness
statements, investigator’s notes, tax
return information, credit reports,
security violations (including
circumstances of violation and agency
action taken).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 3101; 5 CFR parts 731, 732,
and 736; Executive Orders 10450,
10865, 12333, 12356, and 13467;
Homeland Security Presidential
Directive 12 (HSPD 12), Policy for a
Common Identification Standard for
Federal Employees and Contractors,
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August 27, 2004; and Office of
Personnel Management Memorandum,
Final Credentialing Standards for
Issuing Personal Identity Verification
Cards under HSPD–12, July 31, 2008.
RETRIEVABILITY:
PURPOSE:
Records are maintained and stored in
file cabinets in a secured area to which
only authorized personnel have access.
Access to electronic records is limited
through use of logins and passwords to
those whose official duties require
access.
The records in this system are used to
document and support decisions
regarding the suitability, eligibility, and
fitness for service of applicants for
EEOC employment and contract
positions, including criminal
background screening for interns, or
volunteers, to the extent their duties
require access to federal facilities,
information, systems, or applications.
The records may be used to document
security violations and supervisory
actions taken.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
a. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
b. Except as noted on Standard Forms
85, 85P, and 86, to disclose pertinent
information to the appropriate federal,
state, or local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where EEOC becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.
c. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
d. To disclose information to any
source or potential source from which
information is requested in the course of
an investigation concerning the
retention of an employee or other
personnel action (other than hiring), to
the extent necessary to identify the
individual, inform the source of the
nature and purpose of the investigation,
and to identify the type of information
requested.
e. To disclose information to
employees of contractors who have been
engaged by EEOC to perform an activity
related to suitability, eligibility, and
fitness for service of EEOC applicants
and employees.
POLICIES AND PRACTICE FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in paper
files and in electronic media.
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Background investigation files are
retrieved by name, social security
number, or fingerprint.
SAFEGUARDS:
RETENTION AND DISPOSAL:
These records are destroyed upon
notification of death or not later than
five years after separation or transfer of
employee to another agency or
department.
SYSTEM MANAGER AND ADDRESS:
Director, Operations Services
Division, Office of the Chief Human
Capital Officer, EEOC, 131 M Street NE.,
Washington, DC 20507.
NOTIFICATION PROCEDURE:
Inquiries concerning this system of
records should be addressed to the
system manager. It is necessary to
provide the following information: (1)
Name; (2) date of birth; and (3) mailing
address to which response is to be sent.
RECORDS ACCESS PROCEDURES:
Same as above.
Same as above.
RECORD SOURCE CATEGORIES:
Information is obtained from a variety
of sources, including the employee,
contractor or applicant via use of the
SF–85, SF–85P, or SF–86 and personal
interviews; employers’ and former
employers’ records; FBI criminal history
records and other databases; financial
institutions and credit reports;
interviews of witnesses, such as
neighbors, friends, co-workers, business
associates, teachers, landlords, or family
members; tax records; and other public
records. Security violation information
is obtained from a variety of sources,
such as guard reports, security
inspections, witnesses, supervisor’s
reports, audit reports.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE PRIVACY ACT:
This system of records is exempt in
accordance with 5 U.S.C. 552a(k)(5)
from subsection (c)(3) and (d)(1) of the
Privacy Act, but only to the extent that
the information identifies witnesses
promised confidentiality as a condition
of providing information during the
course of the background investigation.
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SYSTEM NAME:
Equal Employment Opportunity
(EEO) in the Federal Government
Complaint and Appeal Records.
SYSTEM LOCATION:
Equal employment opportunity
complaint files are maintained in an
Office of Equal Employment
Opportunity or other designated office
of the agency or department where the
complaint was filed. EEO hearing
records are maintained in the EEOC
office in the field that handles the
hearing request (See Appendix A). EEO
Appeal files (including appeals from
final negotiated grievance decisions
involving allegations of discrimination)
and petitions for review of decisions of
the Merit Systems Protection Board are
maintained in the Office of Federal
Operations, Equal Employment
Opportunity Commission, 131 M St.
NE., Washington, DC 20507. Applicants
for federal employment and current and
former federal employees who contact
an EEO counselor, file complaints of
discrimination or reprisal with their
agency, file requests for hearings, or file
appeals of EEO complaints, petitions for
review of decisions of the Merit Systems
Protection Board, or appeals of final
decisions in negotiated grievance
actions involving allegations of
discrimination.
CATEGORIES OF RECORDS IN THE SYSTEM:
CONTESTING RECORD PROCEDURES:
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This system of records contains
information or documents compiled
during the pre-complaint counseling,
investigation, hearing, and appeal of
complaints filed under section 717 of
Title VII, section 15 of the Age
Discrimination in Employment Act,
section 501 of the Rehabilitation Act,
and the Equal Pay Act and all appeals.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
42 U.S.C. 2000e–16(b) and (c); 29
U.S.C. 204(f) and 206(d); 29 U.S.C.
633(a); 29 U.S.C. 791; Reorg. Plan No. 1
of 1978, 43 FR 19607 (May 9, 1978);
Exec. Order No. 12106, 44 FR 1053 (Jan.
3, 1979).
PURPOSE:
These records are maintained for the
purpose of counseling, investigating,
and adjudicating complaints of
employment discrimination brought by
applicants and current and former
federal employees against federal
employers.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records and information in
these records may be used:
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a. To disclose pertinent information to
the appropriate federal, state, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where the disclosing agency becomes
aware of an indication of a violation or
potential violation of civil or criminal
law or regulation.
b. To disclose information to another
federal agency, to a court, or to a party
in litigation before a court or in an
administrative proceeding being
conducted by a federal agency when the
government is a party to the judicial or
administrative proceeding.
c. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from that congressional office made at
the request of that individual.
d. To disclose to an authorized appeal
grievance examiner, formal complaints
examiner, administrative judge, equal
employment opportunity investigator,
arbitrator, or other duly authorized
official engaged in investigation or
settlement of a grievance, complaint, or
appeal filed by an employee.
e. To disclose, in response to a request
for discovery or for appearance of a
witness, information that is relevant to
the subject matter involved in a pending
judicial or administrative proceeding.
f. To disclose information to officials
of state or local bar associations or
disciplinary boards or committees when
they are investigating complaints
against attorneys in connection with
their representation of a party before
EEOC.
g. To disclose to a Federal agency in
the executive, legislative, or judicial
branch of government, in response to its
request for information in connection
with the hiring of an employee, the
issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
classifying of jobs, or the lawful
statutory, administrative, or
investigative purpose of the agency to
the extent that the information is
relevant and necessary to the requesting
agency’s decision.
h. To disclose information to
employees of contractors engaged by an
agency to carry out the agency’s
responsibilities under 29 CFR part 1614.
i. To disclose information to potential
witnesses as appropriate and necessary
to perform the agency’s functions under
29 CFR part 1614.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file
folders and electronically.
RETRIEVABILITY:
These records are indexed by the
names of the individuals on whom they
are maintained.
SAFEGUARDS:
Access to and use of these records are
limited to those persons whose official
duties require such access.
RETENTION AND DISPOSAL:
These records are maintained for one
year after resolution of the case and then
transferred to the Federal Records
Center where they are destroyed after
three years.
SYSTEM MANAGER(S) AND ADDRESS:
Within the agency or department
where the complaint of discrimination
was filed, the system manager is the
Director of the Office of Equal
Employment Opportunity or other
official designated as responsible for the
administration and enforcement of
equal employment opportunity laws
and regulations within the agency or
department.
Where an individual has requested a
hearing, the system manager of hearing
records is the Director of the Office of
Field Programs, 131 M Street NE.,
Washington, DC 20507.
Where an EEO complaint or final
negotiated grievance decision has been
appealed to EEOC or an individual has
petitioned EEOC for review of a
decision of the Merit Systems Protection
Board, the system manager of the appeal
or petition file is the Director, Office of
Federal Operations, 131 M Street NE.,
Washington, DC
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
Pursuant to subsection (k)(2) of the
Privacy Act, 5 U.S.C. 552a(k)(2), this
system of records is exempt from
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I) and (f) of the Act.
Appendix A
U.S. EEOC Albuquerque Area Office, 505
Marquette Avenue NW., Suite 900—9th
Floor, Albuquerque, New Mexico 87102–
2158
U.S. EEOC Atlanta District Office, Sam Nunn
Atlanta Federal Center, 100 Alabama Street
SW., Suite 4R30, Atlanta, Georgia 30303
U.S. EEOC Baltimore Field Office, City
Crescent Building, 10 South Howard
Street, 3rd Floor, Baltimore, Maryland
21201–2526
PO 00000
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U.S. EEOC Birmingham District Office, Ridge
Park Place, 1130 22nd Street, Suite 2000,
Birmingham, Alabama 35205
U.S. EEOC Boston Area Office, John F.
Kennedy Fed Bldg., 475 Government
Center, Boston, Massachusetts 02203
U.S. EEOC Buffalo Local Office, 6 Fountain
Plaza, Suite 350, Buffalo, New York 14202
U.S. EEOC Charlotte District Office, 129 West
Trade Street, Suite 400, Charlotte, North
Carolina 28202
U.S. EEOC Chicago District Office, 500 West
Madison Street, Suite 2000, Chicago,
Illinois 60661
U.S. EEOC Cincinnati Area Office, John W.
Peck Fed. Office Bldg., 550 Main Street,
10th Floor, Cincinnati, Ohio 45202
U.S. EEOC Cleveland Field Office, Anthony
J. Celebrezze Fed. Bldg., 1240 E. 9th Street,
Suite 3001, Cleveland, Ohio 44199
U.S. EEOC Dallas District Office, 207 South
Houston Street, 3rd Floor, Dallas, Texas
75202–4726
U.S. EEOC Denver Field Office, 303 East 17th
Avenue, Suite 510, Denver, Colorado
80203
U.S. EEOC Detroit Field Office, Patrick V.
McNamara Bldg., 477 Michigan Avenue,
Room 865, Detroit, Michigan 48226–9704
U.S. EEOC El Paso Area Office, 300 E. Main
Dr., Suite 500, El Paso, Texas 79901
U.S. EEOC Fresno Local Office, 2300 Tulare
Street, Suite 215, Fresno, California 93727
U.S. EEOC Greensboro Local Office, 2303 W.
Meadowview Road, Suite 201, Greensboro,
North Carolina 27407
U.S. EEOC Greenvile Local Office, 301 North
Main Street, Suite 1402, Greenville, South
Carolina 29601
U.S. EEOC Honolulu Local Office, 300 Ala
Moana Boulevard, Room 7–127, P.O. Box
50082, Honolulu, Hawaii 96850–0051
U.S. EEOC Houston District Office, Mickey
Leland Bldg., 1919 Smith Street, 6th Floor,
Houston, Texas 77002
U.S. EEOC Indianapolis District Office, 101
West Ohio Street, Suite 1900, Indianapolis,
Indiana 46204–4203
U.S. EEOC Jackson Area Office, Dr. A. H.
McCoy Fed. Bldg., 100 West Capitol Street,
Suite 338, Jackson, Mississippi 39269
U.S. EEOC Kansas City Area Office, Gateway
Tower II, 400 State Avenue, Suite 905,
Kansas City, Kansas 66101
U.S. EEOC Little Rock Area Office, 820
Louiaina Street, Suite 200, Little Rock,
Arkansas 72201
U.S. EEOC Los Angeles District Office,
Roybal Fed. Bldg., 255 East Temple Street,
4th Floor, Los Angeles, California 90012
U.S. EEOC Las Vegas Local Office, 333 Las
Vegas Boulevard South, Suite 8112, Las
Vegas, Nevada 89101
U.S. EEOC Louisville Area Office, 600 Dr.
Martin Luther King Jr., Place, Suite 268,
Louisville, Kentucky 40202
U.S. EEOC Memphis District Office, 1407
Union Avenue, 9th Floor, Memphis,
Tennessee 38104
U.S. EEOC Miami District Office, 100 SE 2nd
Street, Suite 1500, Miami, Florida 33131
U.S. EEOC Milwaukee District Office, Reuss
Fed. Plaza, 310 West Wisconsin Avenue,
Suite 500, Milwaukee, Wisconsin 53203–
2292
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U.S. EEOC Minneapolis Area Office, Towle
Bldg., 330 South Second Avenue, Suite
720, Minneapolis, Minnesota 55401–2224
U.S. EEOC Mobile Local Office, 63 South
Royal Street, Suite 504, Mobile, Alabama
36602
U.S. EEOC Nashville Area Office, 220 Athens
Way, Suite 350, Nashville, Tennessee
37228–9940
U.S. EEOC Newark Area Office, Two
Gateway Center, Suite 1703, 283–299
Market Street, Newark, New Jersey 07102
EEOC New Orleans District Office, Hale
Boggs Fed. Bldg., 500 Poydras Street, Suite
809, New Orleans, Louisiana 70130
U.S. EEOC New York District Office, 33
Whitehall Street, 5th Floor, New York,
New York 10004
U.S. EEOC Norfolk Local Office, Federal
Building, Suite 739, 200 Granby Street,
Norfolk, Virginia 23510
U.S. EEOC Oakland Local Office, 1301 Clay
Street, Suite 1170–N, Oakland, California
94612–5217
U.S. EEOC Oklahoma City Area Office, 215
Dean A McGee Avenue, Oklahoma City,
Oklahoma 73102
U.S. EEOC Philadelphia District Office, 801
Market Street, Suite 1300, Philadelphia,
Pennsylvania 19107
U.S. EEOC Phoenix District Office, 3300
North Central Avenue, Suite 690, Phoenix,
Arizona 85012–2504
U.S. EEOC Pittsburgh Area Office, William S.
Moorhead Fed. Bldg., 1001 Liberty
Avenue, Suite 1112, Pittsburgh,
Pennsylvania 15222–4187
U.S. EEOC Raleigh Area Office, 434
Fayetteville Street, Suite 700, Raleigh,
North Carolina 27601–1701
U.S. EEOC Richmond Local Office, 400 N.
Eight Street, Suite 350, Richmond, Virginia
23219
EEOC San Antonio Field Office, Legacy Oaks,
Bldg. A, 5410 Fredericksburg Road, Suite
200, San Antonio, Texas 78229–3555
U.S. EEOC San Diego Local Office, 555 West
Beech Street, Suite 504, San Diego,
California 92101
U.S. EEOC San Francisco District Office, 450
Golden Gate Avenue, 5 West, P.O. Box
36025, San Francisco, California 94102
U.S. EEOC San Jose Local Office, 96 North
3rd Street, Suite 250, San Jose, California
95112
U.S. EEOC San Juan Local Office, 525 F.D.
Roosevelt Avenue, Plaza Las Americas,
Suite 1202, San Juan, Puerto Rico 00918–
8001
U.S. EEOC Savannah Local Office, 7391
Hodgson Memorial Drive, Suite 200,
Savannah, Georgia 31406–2579
U.S. EEOC Seattle Field Office, Federal
Office Building, 909 First Avenue, Suite
400, Seattle, Washington 98104–1061
U.S. EEOC St. Louis District Office, Robert A.
Young Building, 1222 Spruce Street, Room
8.100, St. Louis, Missouri 63103
U.S. EEOC Tampa Field Office, 501 East Polk
Street, Suite 1000, Tampa, Florida 33602
U.S. EEOC Washington Field Office, 131 M
Street NE., Fourth Floor, Suite 4NWO2F,
Washington, DC 20507–0100
[FR Doc. 2016–27702 Filed 11–16–16; 8:45 am]
BILLING CODE 6570–01–P
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FEDERAL COMMUNICATIONS
COMMISSION
[DA 16–1230]
Consumer Advisory Committee
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
The Commission announces
renewal of charter, appointment of
members, designation of chairperson,
and next meeting date, time, and agenda
of its Consumer Advisory Committee
(hereinafter the Committee). The
mission of the Committee is to make
recommendations to the Commission
regarding consumer issues within the
jurisdiction of the Commission and to
facilitate the participation of consumers
(including underserved populations,
such as Native Americans, persons
living in rural areas, older persons,
people with disabilities, and persons for
whom English is not their primary
language) in proceedings before the
Commission.
DATES: January 27, 2017, 9:00 a.m. to
4:00 p.m.
ADDRESSES: Federal Communications
Commission, Commission Meeting
Room TW–C305, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Scott Marshall, Designated Federal
Officer of the Committee at: 202–418–
2809 (voice or relay) or Scott.Marshall@
fcc.gov (email), or Beau Finley, Deputy
Designated Federal Officer of the
Committee at: 202–418–7835 (voice or
relay) or Robert.Finley@fcc.gov (email).
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document DA 16–1230, released
October 31, 2016 announcing the
charter renewal, appointment of
members, designation of chairperson,
and the Agenda, Date, and Time of the
Committee’s first Meeting under its
renewed charter.
SUMMARY:
Mission and Functions
The mission of the Committee is to
make recommendations to the
Commission regarding consumer issues
within the jurisdiction of the
Commission and to facilitate the
participation of consumers (including
underserved populations, such as
Native Americans, persons living in
rural areas, older persons, people with
disabilities, and persons for whom
English is not their primary language) in
proceedings before the Commission.
The Committee may consider issues
including, but not limited to, the
following topics:
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
81137
• Consumer protection and
education;
• Implementation of Commission
rules and consumer participation in the
FCC rulemaking process; and,
• The impact of new and emerging
communication technologies (including
availability and affordability of
broadband service and Universal
Service programs).
The duties of the Committee will
include providing guidance to the
Commission, to gather data and
information, and to perform those
analyses that are necessary to respond to
the questions or matters before it.
Background
In November 2000, the Committee
was initially established for a period of
two (2) years from the original charter
date. Following expiration of the
original charter, the Committee was
subsequently renewed several times. On
October 14, 2016, the Committee held
the final meeting of its most recent term,
and thereafter, the Committee’s charter,
and all member appointments,
terminated. The charter was renewed on
October 21, 2016, for another two-year
term, the ninth such renewal. This
renewal is necessary and in the public
interest. The Committee will operate in
accordance with the provisions of the
Federal Advisory Committee Act, 5
U.S.C. App. 2 (1988). Each meeting of
the Committee will be open to the
public. A notice of each meeting will be
published in the Federal Register at
least fifteen (15) days in advance of the
meeting. Records will be maintained of
each meeting and made available for
public inspection.
During the Committee’s ninth term, it
is anticipated that the Committee will
meet in Washington, DC for a minimum
of three (3) one-day plenary meetings
per year. In addition, as needed,
working groups or subcommittees will
be established to facilitate the
Committee’s work between meetings of
the full Committee. Meetings will be
fully accessible to individuals with
disabilities.
Members must be willing to commit
to a two (2) year term of service, and
should be willing and able to attend a
minimum of three (3) one-day plenary
committee meetings per year in
Washington, DC. Committee members
are also expected to participate in
deliberations of at least one (1) working
group or subcommittee.
Appointment of Members and
Chairperson
In anticipation of the renewal of the
Committee’s charter, by a Public Notice
(DA 16–657) released June 14, 2016, the
E:\FR\FM\17NON1.SGM
17NON1
Agencies
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81116-81137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27702]
=======================================================================
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Privacy Act of 1974; Publication of Notices of Systems of Records
and Proposed New Systems of Records
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice; publication of notices of systems of records, and
proposed new systems of records.
-----------------------------------------------------------------------
SUMMARY: This notice proposes one new system of records, changes to a
number of existing systems of records, and removes obsolete systems of
records. This notice republishes all of EEOC's notices for its systems
of records subject to the Privacy Act in one issue of the Federal
Register so that an accurate and complete text of the notices is
available for use by individuals and by agency Privacy Act officers.
DATES: The changes to the existing systems of records are effective on
November 17, 2016. The proposed new system of records will become
effective, without further notice, on January 17, 2017 unless comments
dictate otherwise.
ADDRESSES: Comments on this notice may be submitted to the EEOC in
three ways; please use only one.
Comments and attachments may be submitted online at https://www.regulations.gov, which is the Federal eRulemaking Portal. Follow
the instructions on the Web site for submitting comments. Comments
received here will be posted publicly on the same portal without
change, including any personal information you provide. However, the
EEOC reserves the right to refrain from posting comments: That contain
obscene, indecent, or profane language; that contain threats or
defamatory statements; that contain hate speech directed at race,
color, sex, sexual orientation, national origin, ethnicity, age,
religion, or disability; or that promote or endorse services or
products.
Hard copy comments may be submitted to Bernadette Wilson,
Acting Executive Officer, Executive Secretariat, Equal Employment
Opportunity Commission, 131 M Street NE., Washington, DC 20507.
[[Page 81117]]
The Executive Secretariat also will accept documents
totaling six or fewer pages by facsimile (``fax'') machine. This
limitation is necessary to assure access to the equipment. The
telephone number of the fax receiver is (202) 663-4114. (This is not a
toll-free number.) Receipt of fax transmittals will not be
acknowledged, except that the sender may request confirmation of
receipt by calling the Executive Secretariat staff at (202) 663-4070
(voice) or (202) 663-4074 (TTY). (These are not toll-free telephone
numbers.)
Subject to the conditions noted above, the EEOC will post online at
https://www.regulations.gov all comments submitted in hard copy or by
fax with the Executive Secretariat. The EEOC Headquarters' library also
will make available hard copies of all comments, by advance appointment
only, between the hours of 9 a.m. and 5 p.m. Eastern Time. To schedule
an appointment to inspect the comments at the EEOC's library, contact
the library staff at (202) 663-4630 (voice) or (202) 663-4641 (TTY).
(These are not toll-free numbers.)
Copies of this notice are available in the following alternate
formats: Large print, braille, electronic file on computer disk, and
audio-tape. Copies may be obtained from the Publications Center by
calling 1-800-699-3362.
FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal
Counsel, (202) 663-4668 (voice), Kathleen Oram, Senior Attorney (202)
663-4681 (voice), or Savannah Marion, (202) 663-4909 or (202) 663-7026
(TDD).
SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission
last published its Privacy Act systems notices in 2002. The Commission
proposes one new system of records to cover Freedom of Information Act
and Privacy Act records. EEOC previously covered these records in its
general correspondence system of records. The Commission is deleting
EEOC-6 Employee Assistance Program records and EEOC-14 Employee Parking
records because it no longer collects and keeps those records and is
replacing EEOC-6 with the new Freedom of Information Act and Privacy
Act Records system. The Employee Assistance Program records are now
maintained by the Department of Health and Human Services, and Employee
Parking records are maintained by a private building management
company. In addition, the Commission is amending a number of its
systems to recognize more widespread electronic storage, and remove
requirements that persons submit social security numbers when
requesting records. The Commission is adding a statement of general
routine uses to include two new routine uses permitting disclosure of
records from all of its systems of records for suspected or confirmed
breach notification and response. The Commission is removing three
obsolete routine uses from its Claims Collection Records notice and one
routine use from its Internal Harassment Inquires Records notice. EEOC
is adding a new routine use to its two Discrimination Case Files
systems of records, a new routine use to its Internal Harassment
Inquiries system of records, and one new routine use to its Office of
Inspector General system of records. Finally, the Commission has
amended several system notices to reflect current office names and has
amended Appendix A to reflect current addresses of Commission offices.
To ensure that users will have a copy of the current text of each of
its system notices, the Commission is publishing the complete text of
all of its systems notices.
A brief description of the major changes follows:
Universal Routine Uses: EEOC proposes to add two routine uses
applicable to all systems of records. One would permit EEOC to disclose
records reasonably necessary to respond to a suspected or confirmed
breach of the system of records where EEOC determines there may be a
risk of harm to individuals, EEOC, or the Federal government. The
second proposed routine use would allow EEOC to disclose records to
other Federal agencies to assist in their efforts to respond to a
suspected or confirmed breach.
EEOC-1 Age and Equal Pay Act Discrimination Case Files and EEOC-3
Title VII, Americans with Disabilities Act, and Genetic Information
Nondiscrimination Act Discrimination Case Files: A routine use that
permits disclosure to other federal agencies in accordance with
Memoranda of Understanding or similar agreements between EEOC and other
agencies that provide for coordination and cooperation in EEOC's
employment discrimination enforcement efforts is proposed. The
retention and disposal sections are updated.
EEOC-3 Title VII, Americans with Disabilities Act, and Genetic
Information Nondiscrimination Act Discrimination Case Files: The system
was updated to add Genetic Information Nondiscrimination Act (GINA)
files. A routine use that permits disclosure to other federal agencies
in accordance with Memoranda of Understanding or similar agreements
between EEOC and other agencies that provide for coordination and
cooperation in EEOC's employment discrimination enforcement efforts is
proposed.
EEOC 6 Freedom of Information Act and Privacy Act Records: This new
system of records replaces the obsolete Employee Assistance Program
Records system and covers all Freedom of Information Act (FOIA) and
Privacy Act requests, administrative appeals, responses, and related
records. These records were previously included in EEOC-5
Correspondence and Communications. Nine routine uses are proposed for
the system.
EEOC-9 Claims Collection Records: Three obsolete routine uses are
removed, as is an obsolete reference to consumer reporting agencies.
EEOC-14 Reserved: We have removed the Employee Parking Records
system because those records are no longer collected by EEOC, but are
collected by the private building management company at EEOC's
headquarters building.
EEOC-15 Internal Harassment Inquiries: We have removed routine use
(h) as unnecessary since disclosures could be made under the ``need to
know'' exception. We propose to add a new routine use (h) to permit
disclosures to the alleged harasser in the event of a disciplinary
proceeding.
EEOC-16 Office of Inspector General Investigative Files: We propose
a new routine use permitting disclosures during peer reviews.
EEOC-17 Defensive Litigation Files: The system is updated to
reflect that internal defensive litigation files are maintained in the
Office of General Counsel and external defensive litigation files are
maintained in the Office of Legal Counsel.
EEOC-18 Reasonable Accommodation Records: We added notification
procedures, record access procedures, contesting records procedures,
and record source categories.
The proposed universal routine uses, the routine uses in the one
new system of records noted above and the proposed new routine uses in
two existing systems meet the compatibility criteria since the
information involved is collected for the purpose of the applicable
routine uses. We anticipate that any disclosure pursuant to these
routine uses will not result in any unwarranted adverse effects on
personal privacy.
A complete list of all EEOC systems of records is published below.
The complete text of the notices follows.
[[Page 81118]]
For the Commission.
Jenny R. Yang,
Chair.
EEOC Systems of Records
Universal Routine Uses.
EEOC-1 Age Discrimination in Employment Act, Equal Pay Act, and
Section 304 of the Government Employee Rights Act Discrimination Case
Files.
EEOC-2 Attorney Referral List.
EEOC-3 Title VII, Americans with Disabilities Act, and Genetic
Information Nondiscrimination Act
EEOC-4 Biographical Files.
EEOC-5 Correspondence and Communications.
EEOC-6 Freedom of Information Act and Privacy Act Records
EEOC-7 Employee Pay and Leave Records.
EEOC-8 Employee Travel and Reimbursement Records.
EEOC-9 Claims Collection Records.
EEOC-10 Grievance Records.
EEOC-11 Adverse Actions Against Nonpreference Eligibles in the
Excepted Service Records
EEOC-12 Telephone Call Detail Records.
EEOC-13 Employee Identification Cards.
EEOC-14 Reserved
EEOC-15 Internal Harassment Investigation Files.
EEOC-16 Office of Inspector General Investigative Files.
EEOC-17 Defensive Litigation Files.
EEOC-18 Reasonable Accommodation Records.
EEOC-19 Revolving Fund Registrations.
EEOC-20 RESOLVE Program Records.
EEOC-21 Emergency Management Records.
EEOC-22 EEOC Personnel Security Records.
EEOC/GOVT-1 Equal Employment Opportunity in the Federal Government
Complaint and Appeal Records.
Universal Routine Uses: The following routine uses of the records
apply to and are incorporated by reference into each system of records
published below:
a. To appropriate agencies, entities, and persons when: (1) EEOC
suspects or has confirmed that there has been a breach of the system of
records; (2) EEOC has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the agency
(including its information systems, programs, and operations), or the
Federal government; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with EEOC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
b. To another Federal agency or Federal entity when information
from this system of records is reasonably necessary to assist the
recipient agency or entity in (1) responding to a suspected or
confirmed breach or (2) preventing, minimizing, or remedying the risk
of harm to individuals, the agency (including its information systems,
programs, and operations), or the Federal government.
EEOC-1
SYSTEM NAME:
Age Discrimination in Employment Act, Equal Pay Act, and Section
304 of the Government Employee Rights Act Discrimination Case Files.
SYSTEM LOCATION:
Field Office where the charge or complaint of discrimination was
filed (see Appendix A). Records of complaints filed under section 321
of the Government Employees Rights Act of 1991 are located in the
Office of Federal Operations 131 M Street NE., Washington, DC 20507,
after a hearing has been requested.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons other than federal employees and applicants who file
charges or complaints with EEOC alleging that an employer, employment
agency or labor organization has violated the Age Discrimination in
Employment Act of 1967 or the Equal Pay Act of 1963, or who file
complaints under section 304 of the Government Employees Rights Act of
1991.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains the records compiled during the investigation
of age and equal pay discrimination cases and during the investigation
and hearing of complaints filed under section 304 of the Government
Employees Rights Act of 1991. These records include:
a. Documents submitted by charging party or complainant such as
charge of discrimination, personal interview statement, and
correspondence.
b. Documents submitted by employer such as statement of position,
correspondence, statements of witnesses, documentary evidence such as
personnel files, records of earnings, employee benefit plans, seniority
list, job titles and descriptions, applicant data, organizational
charts, collective bargaining agreements, and petitions to revoke or
modify subpoenas.
c. Records gathered and generated by EEOC in the course of its
investigation and, in complaints filed under section 304 of the
Government Employees Rights Act of 1991, during the hearing, such as
letters of referral to state fair employment practices agencies,
correspondence with state fair employment practices agencies, witness
statements, investigator's notes, investigative plan, report of initial
and exit interview, investigator's analyses of evidence and charge,
subpoenas, decisions and letters of determination, conciliation
agreements, correspondence and any additional evidence gathered during
the course of the investigation.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 29 U.S.C. 209, 211, 623, 626; 42 U.S.C. 2000e-16c; 44
U.S.C. 3101; 2 U.S.C. 1220.
PURPOSE:
This system is maintained for the purpose of enforcing the
prohibitions against employment discrimination contained in the Age
Discrimination in Employment Act, the Equal Pay Act and section 304 of
the Government Employees Rights Act of 1991.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose pertinent information to a federal, state, or local
agency or third party as may be appropriate or necessary to perform the
Commission's functions under the Age Discrimination in Employment Act,
Equal Pay Act, or section 304 of the Government Employee Rights Act of
1991.
b. To disclose information contained in these records to state and
local agencies administering state or local fair employment practices
laws.
c. To disclose non-confidential and non-privileged information from
closed ADEA/EPA case files (a file is closed when the Commission has
terminated its investigation and has decided not to sue) to the
employer where a lawsuit has been filed against the employer involving
that information, to other employees of the same employer who have been
notified by the Commission of their right under 29 U.S.C. 216 to file a
lawsuit on their own behalf, and their representatives.
d. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of a party to the charge.
[[Page 81119]]
e. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
the EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
f. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
g. To disclose information to officials of state or local bar
associations or disciplinary boards or committees when they are
investigating complaints against attorneys in connection with their
representation of a party before EEOC.
h. To disclose to a Federal agency in the executive, legislative,
or judicial branch of government, in response to its request for
information in connection with the hiring of an employee, the issuance
of a security clearance, the conducting of a security or suitability
investigation of an individual, the classifying of jobs, or the lawful
statutory, administrative, or investigative purpose of the agency to
the extent that the information is relevant and necessary to the
requesting agency's decision.
i. To disclose information to other federal agencies in accordance
with Memoranda of Understanding or similar agreements between EEOC and
other agencies that provide for coordination, cooperation, and
confidentiality of documents in EEOC's employment discrimination
enforcement efforts.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file folders and electronically.
RETRIEVABILITY:
These records are retrievable by charging party name, employer
name, and charge number.
SAFEGUARDS:
Paper records are maintained in a secured area to which only
authorized personnel have access. Access to and use of these records is
limited to those persons whose official duties require such access. The
premises are locked when authorized personnel are not on duty. Access
to electronic records is limited, through use of usernames and
passwords, to those whose official duties require access.
RETENTION AND DISPOSAL:
All private sector charge files not designated for permanent
retention will be retained for three years following the fiscal year in
which they were closed. (For example, if a charge was closed on March
31, 2014, in FY 2014, the three-year retention period would begin on
October 1, 2014, which is the first day of FY 2015.) These non-
permanent files will be retained for one year in the EEOC field office
where the charge of discrimination was filed. Afterwards, the non-
permanent files will be transferred to the Federal Records Center
(FRC). The FRC will destroy the files after the three-year retention
period is met. Permanent files will be retained in the field office for
three years and then transferred to FRC. FRC will transfer the files to
the National Archives and Records Administration (NARA) for permanent
retention when eligible.
Closed non-permanent private sector charge files that are the
subject of Freedom of Information Act (FOIA) requests are retained for
six years after the FOIA response is provided. The files will be
transferred to FRC one year after completion of all actions taken under
FOIA/Privacy Act. Alternatively, the files may be included as part of
the permanent files retained by the EEOC field office.
Closed private sector charge files that are the subject of a
Section 83 request are retained for six years after the Section 83
response is provided. The files will be transferred to FRC one year
after completion of all actions taken under FOIA. Alternatively, the
files may be included as part of the permanent files retained by the
EEOC field office.
SYSTEM MANAGER(S) AND ADDRESS:
Director of the office in the field where the charge was filed (see
Appendix A). Director of the Office of Field Programs, 131 M Street
NE., Washington, DC 20507. Director of the Office of Federal
Operations, 131 M Street NE., Washington, DC 20507 (only for complaints
filed under section 321 of the Government Employees Right Act of 1991).
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
This system is exempt under 5 U.S.C. 552a(k)(2) from subsections
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the
Act.
EEOC-2
SYSTEM NAME:
Attorney Referral List.
SYSTEM LOCATION:
All District Offices (see Appendix A).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Attorneys who represent plaintiffs in employment discrimination
litigation.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains attorneys' names, business addresses and
telephone numbers, the nature and amount of their civil rights
litigation experience; their state and federal bar admissions; whether
the attorneys have the capacity and desire to handle class actions;
whether the attorneys charge consultation fees (and how much); whether
the attorneys will waive the consultation fee; the types of fee
arrangements the attorneys will accept; and whether the attorney speaks
a foreign language fluently.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 2000e-4(g); 44 U.S.C. 3101.
PURPOSE:
This system is maintained for the purpose of providing charging
parties, upon their request, with information about local attorneys who
represent plaintiffs in employment discrimination litigation.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To refer charging parties to attorneys who handle litigation of
employment discrimination lawsuits.
b. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Stored on prepared forms, on index cards and electronically.
RETRIEVABILITY:
Indexed alphabetically by names of the attorneys.
SAFEGUARDS:
Access to this system of records is restricted to EEOC personnel
who have a legitimate use for the information. This system is stored in
filing cabinets. Access to electronic records is limited, through use
of access codes and entry logs, to those whose official duties require
access.
[[Page 81120]]
RETENTION AND DISPOSAL:
Files are reviewed and updated annually.
SYSTEM MANAGERS AND ADDRESS:
Regional Attorney at each District Office (see Appendix A).
NOTIFICATION PROCEDURE:
Inquiries concerning this system of records should be addressed to
the appropriate system manager. It is necessary to furnish the
following information: (1) Full name of the individual whose records
are requested; (2) mailing address to which the reply should be sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
The individual on whom the record is maintained.
EEOC-3
SYSTEM NAME:
Title VII, Americans with Disabilities Act, and Genetic Information
Nondiscrimination Act Discrimination Case Files.
SYSTEM LOCATION:
Field Office where the charge of discrimination was filed (see
Appendix A).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons, other than federal employees and applicants, who file
charges alleging that an employer, employment agency, labor
organization or joint labor-management apprenticeship committee has
violated Title VII of the Civil Rights Act of 1964, the Americans with
Disabilities Act of 1990, Title II of the Genetic Information
Nondiscrimination Act of 2008 (GINA), or any combination of the three.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains records compiled during the investigation of
race, color, religion, sex, national origin, disability, and genetic
information discrimination cases. These records include:
a. Documents submitted by charging party, such as a charge of
discrimination, a personal interview statement, medical records, and
correspondence.
b. Documents submitted by employer such as position statement,
correspondence, statements of witnesses, documentary evidence such as
personnel files, records of earnings, EEO data, employee benefit plans,
seniority lists, job titles and descriptions, applicant data,
organizational charts, collective bargaining agreements, and petition
to revoke or modify subpoenas.
c. Records gathered and generated by EEOC in the course of its
investigation such as letters to state or local fair employment
practice agencies, correspondence with state fair employment practice
agencies, witness statements, investigator's notes, investigative plan,
investigator's analysis of the evidence and charge, report of initial
and exit interviews, copy of deferral to state, subpoenas, decisions
and letters of determination, analysis of deferral agency action,
conciliation agreements, correspondence, and any additional evidence
gathered during the course of the investigation.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 42 U.S.C. 2000e-5, -8 and -9; 42 U.S.C. 12117; 44
U.S.C. 3101, 42 U.S.C. 2000ff-10.
PURPOSE:
This system is maintained for the purpose of enforcing the
prohibitions against employment discrimination contained in Title VII
of the Civil Rights Act of 1964, the Americans with Disabilities Act of
1990, and Title II of the Genetic Information Nondiscrimination Act of
2008
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose pertinent information to a federal, state, or local
agency or third party as may be appropriate or necessary to perform the
Commission's functions under Title VII of the Civil Rights Act of 1964,
the Americans with Disabilities Act of 1990, or Title II of the Genetic
Information Nondiscrimination Act of 2008.
b. To disclose information contained in these records to state and
local agencies administering state or local fair employment practices
laws.
c. To disclose non-confidential or non-privileged information
contained in these records to the following persons after a notice of
right to sue has been issued:
1. Aggrieved persons and their attorneys in case files involving
Commissioner Charges provided that such persons have been notified of
their status as aggrieved persons;
2. Persons or organizations filing on behalf of an aggrieved person
provided that the aggrieved person has given written authorization to
the person who filed on his or her behalf to act as the aggrieved
person's agent for this purpose, and their attorneys;
3. Employers and their attorneys, provided that the charging party
or aggrieved person has filed suit under Title VII, the Americans with
Disabilities Act, Title II of the Genetic Information Nondiscrimination
Act of 2008, or any combination of the three.
d. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of a party to the charge.
e. To disclose pertinent information to the appropriate federal,
state, or local agencies responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
f. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
g. To disclose information to officials of disciplinary boards or
committees under the control of a state or local government when they
are investigating complaints against attorneys in connection with their
representation of a party before EEOC.
h. To disclose to a Federal agency in the executive, legislative,
or judicial branch of government, in response to its request for
information in connection with the hiring of an employee, the issuance
of a security clearance, the conducting of a security or suitability
investigation of an individual, the classifying of jobs, or the lawful
statutory, administrative, or investigative purpose of the agency to
the extent that the information is relevant and necessary to the
requesting agency's decision.
i. To disclose information to other federal agencies in accordance
with Memoranda of Understanding or similar agreements between EEOC and
other agencies that provide for coordination, cooperation, and
confidentiality of documents in EEOC's employment discrimination
enforcement efforts.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
These records are maintained in file folders and electronically.
[[Page 81121]]
RETRIEVABILITY:
These records are retrievable by charging party name, employer
name, and charge number.
SAFEGUARDS:
Paper records are maintained in a secured area to which only
authorized personnel have access. Access to and use of these records is
limited to those persons whose official duties require such access. The
premises are locked when authorized personnel are not on duty. Access
to electronic records is limited, through use of usernames and
passwords, to those whose official duties require access.
RETENTION AND DISPOSAL:
All private sector charge files not designated for permanent
retention will be retained for three years following the fiscal year in
which they were closed. (For example, if a charge was closed on March
31, 2014, in FY 2014, the three-year retention period would begin on
October 1, 2014, which is the first day of FY 2015.) These non-
permanent files will be retained for one year in the EEOC field office
where the charge of discrimination was filed. Afterwards, the non-
permanent files will be transferred to the Federal Records Center
(FRC). The FRC will destroy the files after the three-year retention
period is met. Permanent files will be retained in the field office for
three years and then transferred to FRC. FRC will transfer the files to
the National Archives and Records Administration (NARA) for permanent
retention when eligible.
Closed non-permanent private sector charge files that are the
subject of Freedom of Information Act (FOIA) requests are retained for
six years after the FOIA response is provided. The files will be
transferred to FRC one year after completion of all actions taken under
FOIA/Privacy Act. Alternatively, the files may be included as part of
the permanent files retained by the EEOC field office.
Closed private sector charge files that are the subject of a
Section 83 request are retained for six years after the Section 83
response is provided. The files will be transferred to FRC one year
after completion of all actions taken under FOIA/Privacy Act.
Alternatively, the files may be included as part of the permanent files
retained by the EEOC field office.
SYSTEM MANAGER(S) AND ADDRESS:
Director of the office in the field where the charge was filed (see
Appendix A). Director of the Office of Field Programs, 131 M Street
NE., Washington, DC 20507.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
This system is exempt under 5 U.S.C. 552a(k)(2) from subsections
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f) of the
Act.
EEOC-4
SYSTEM NAME:
Biographical Files.
SYSTEM LOCATION:
Office of Communications and Legislative Affairs, Equal Employment
Opportunity Commission, 131 M Street NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former Commissioners, General Counsels and Commission
officials.
CATEGORIES OF RECORDS IN THE SYSTEM:
Includes for each the name, date and place of birth, education,
employment history, and other biographical information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101, 42 U.S.C. 2000e-4.
PURPOSE:
This system is maintained for the purpose of providing information
about EEOC officials to members of the Congress and the public.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used
a. To answer public and congressional inquiries regarding EEOC
Commissioners, General Counsels and Commission officials.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Stored electronically.
RETRIEVABILITY:
Indexed by last name of the Commissioner, General Counsel or
Commission official.
SAFEGUARDS:
Files are kept in the Office of Communications and Legislative
Affairs, which is locked evenings, weekends, and holidays.
RETENTION AND DISPOSAL:
Maintained permanently.
SYSTEM MANAGER AND ADDRESS:
Director, Office of Communications and Legislative Affairs, Equal
Employment Opportunity Commission, 131 M Street NE., Washington, DC
20507.
NOTIFICATION PROCEDURES:
Inquiries concerning this system of records should be addressed to
the system manager. All inquiries should furnish the full name of the
individual and the mailing address to which the reply should be mailed.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
The individual to whom the record pertains.
EEOC-5
SYSTEM NAME:
Correspondence and Communications.
SYSTEM LOCATION:
All locations listed in appendix A and all headquarters offices,
131 M Street NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Charging parties, members of the general public, members of
Congress and current and former federal employees who seek information
or assistance from EEOC.
CATEGORIES OF RECORDS IN THE SYSTEM:
a. Inquiries from members of Congress, the White House and members
of the general public, including current and former federal employees.
b. EEOC responses to the above inquiries.
c. Computer tracking system indicating the dates inquiries are
received, to whom and when they are assigned for response and the dates
they are answered.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101; 42 U.S.C. 2000e-4.
PURPOSE:
This system is maintained for the purpose of responding to
inquiries from members of Congress and the public seeking information
or assistance.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
[[Page 81122]]
a. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office at the request of the individual.
b. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file cabinets and electronically.
RETRIEVABILITY:
Computer entries are retrievable by name of author of a letter, by
subject, by key word, by reference number, by name of person to whom
assigned, and by dates assigned, due, and answered.
SAFEGUARDS:
These records are kept in a secured area to which only authorized
personnel have access. Access to and use of these records is limited to
those persons whose official duties require such access. The premises
are locked when authorized personnel are not on duty. Access to
electronic records is limited, through use of usernames and passwords,
to those whose official duties require access.
RETENTION AND DISPOSAL:
Records are maintained for three years from the date of the last
communication and then destroyed. Tracking system information is
maintained in the computer for four years.
SYSTEM MANAGER AND ADDRESS:
Director of each Commission office in the field and Headquarters
office. (See Appendix A.)
NOTIFICATION PROCEDURE:
Inquiries concerning this system of records should be addressed to
the system manager. All inquiries should furnish the full name of the
individual and the mailing address to which the reply should be mailed.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Members of Congress, their staffs, the White House, charging
parties, members of the general public, current and former federal
employees.
EEOC-6
SYSTEM NAME:
Freedom of Information Act and Privacy Act Records.
SYSTEM LOCATION:
Field Office where Freedom of Information Act or Privacy Act
request was submitted (see Appendix A); Office of Legal Counsel, Equal
Employment Opportunity Commission, 131 M Street NE., Washington, DC
20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons who submit Freedom of Information Act (FOIA) and Privacy
Act requests and administrative appeals to the Equal Employment
Opportunity Commission (EEOC); and persons whose requests and/or
records have been submitted to EEOC by other agencies.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records created or compiled in response to
FOIA or Privacy Act requests and administrative appeals, including the
original requests and administrative appeals, responses to such
requests and administrative appeals, all related memoranda,
correspondence, notes and other related or supporting documentation,
and, in some instances, copies of requested records and records under
administrative appeal.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; 5 U.S.C 552; and 5 U.S.C. 552a.
PURPOSE(S):
This system is maintained for the purpose of processing requests
and administrative appeals under the FOIA, and access and amendment
requests and administrative appeals under the Privacy Act; for the
purpose of participating in litigation regarding agency action on such
requests and appeals; and for the purpose of assisting EEOC in carrying
out any other responsibilities under the FOIA and the Privacy Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To provide information to a federal, state, local, or foreign
agency or entity for the purpose of consulting with that agency or
entity to enable the EEOC to make a determination as to the propriety
of access to, or correction of, information, or for the purpose of
verifying the identity of an individual or the accuracy of information
submitted by an individual who has requested access to or amendment of
information.
b. To provide information to a federal agency or entity that
furnished the record or information for the purpose of permitting that
agency or entity to make a decision as to access to, or correction of,
the record or information.
c. To provide information to a submitter or subject of a record or
information in order to obtain assistance to EEOC in making a
determination as to access or amendment.
d. To provide information to the National Archives and Records
Administration, Office of Government Information Services (OGIS), to
the extent necessary to fulfill its responsibilities under 5 U.S.C.
552(h) to review federal agency policies, procedures, and compliance
with the FOIA, and to facilitate OGIS's offering of mediation services
to resolve disputes between persons making FOIA requests and federal
agencies.
e. To provide information to contractors, experts, consultants,
students, and others performing or working on a contract, service, or
other assignment for the federal government, when necessary to
accomplish an agency function related to this system of records.
f. To provide information to a congressional office from the record
of the individual in response to an inquiry from that congressional
office made at the request of that individual.
g. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
h. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, when
the EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
i. To disclose in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in the pending judicial or administrative proceeding.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
[[Page 81123]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on paper and/or in electronic
form.
RETRIEVABILITY:
Records are retrieved by the name of the requester or appellant;
the number assigned to the request or appeal; and, in some instances,
the name of the attorney representing the requester or appellant or the
name of the EEOC personnel assigned to handle such requests and
appeals.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies, including EEOC's automated
systems security and access policies. Records and electronic equipment
are maintained in buildings with restricted access. The required use of
password protection identification features and other system protection
methods also restrict access. Access is limited to those EEOC officers
and employees who have an official need for access to perform their
duties.
RETENTION AND DISPOSAL:
Records are retained and disposed of in accordance with the
National Archives and Records Administration's General Records Schedule
14.
SYSTEM MANAGER(S) AND ADDRESS:
Director of the field office where the Freedom of Information Act
or Privacy Act request was submitted (see Appendix A) or the Legal
Counsel, 131 M Street NE., Washington, DC 20507.
NOTIFICATION PROCEDURE:
Inquiries concerning this system of records should be addressed to
the system manager. All inquiries should furnish the full name of the
individual and the mailing address or email address to which the reply
should be mailed.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Individuals who submit initial requests and administrative appeals
pursuant to the FOIA and the Privacy Act; the agency records searched
in the process of responding to such requests and appeals; EEOC
personnel assigned to handle such requests and appeals; and other
agencies or entities that have referred to EEOC requests concerning
EEOC records.
EEOC-7
SYSTEM NAME:
Employee Pay and Leave Records.
SYSTEM LOCATION:
All locations listed in Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former employees of EEOC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Time and attendance records; leave records (includes employee name,
branch or office, pay period ending, leave and overtime used during the
pay period); requests for leave (earned or advance) or leave of
absence; requests for an authorization of overtime; annual attendance
record (indicates name, social security number, service computation
date, hours and dates worked and taken as leave, pay plan, salary and
occupation code, grade, leave earned and used); thrift savings plan
participation, deductions for Medicare, FICA, taxes, life, health, and
long term care insurance, union contributions, charitable
contributions, savings allotments and bond issuance and bond balance.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101.
PURPOSE:
The records in this system are maintained in accordance with the
requirements set forth by statutes, regulations and guidance from the
Office of Personnel Management, the General Services Administration,
and the Thrift Savings Board. They are maintained for the purpose of
providing salaries and other benefits to EEOC employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
b. To provide a copy of an employee's Department of the Treasury
Form W-2, Wage and Tax Statement, to the state, city or other local
jurisdiction which is authorized to tax the employee's compensation.
The record will be provided in accordance with a withholding agreement
between the state, city, or other jurisdiction and the Department of
Treasury pursuant to 5 U.S.C. 5516, 5517 or 5520, or in response to a
written request from an appropriate official of the taxing
jurisdiction. The request must include a copy of the applicable statute
or ordinance authorizing the taxation of compensation and should
indicate whether the authority of the jurisdiction to tax the employee
is based on place of residence, place of employment, or both.
c. To disclose copies of executed city tax withholding certificates
to a city pursuant to a withholding agreement between the city and the
Department of the Treasury (5 U.S.C. 5520) in response to a written
request from an appropriate city official.
d. To disclose the social security number only, in the absence of a
withholding agreement, to a taxing jurisdiction that has furnished this
agency with evidence of its independent authority to compel disclosure
of the social security number, in accordance with section 7 of the
Privacy Act, 5 U.S.C. 552a note.
e. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
f. To disclose to an agency in the executive, legislative, or
judicial branch or the District of Columbia's Government information in
connection with the hiring of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of
an individual, the classifying of jobs, the letting of a contract, the
issuance of a license, grant, or other benefits by the requesting
agency, or the lawful statutory, administrative, or investigative
purpose of the agency to the extent that the information is relevant
and necessary to the requesting agency's decision.
g. To disclose to an authorized appeal grievance examiner, formal
complaints examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engaged in
investigation or settlement of a grievance, complaint, or appeal filed
by an employee.
h. To disclose to the Office of Personnel Management in accordance
with the agency's responsibility for evaluation and oversight of
Federal personnel management.
i. To disclose to officers and employees of the Department of the
Interior in connection with
[[Page 81124]]
administrative services provided to this agency under agreement with
DOI.
j. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
k. To disclose information to the Office of Child Support
Enforcement, Administration for Children and Families, Department of
Health and Human Services Federal Parent Locator system (FPLS) and
Federal Tax Offset system for use in locating individuals and
identifying their income sources to establish paternity, establish and
modify orders of support and for enforcement action.
l. To disclose information to the Office of Child Support
Enforcement for release to the Social Security Administration for
verifying social security numbers in connection with the operation of
the FPLS by the Office of Child Support Enforcement.
m. To disclose information to the Office of Child Support
Enforcement for release to the Department of Treasury for purposes of
administering the Earned Income Tax Credit Program (Section 32,
Internal Revenue Code of 1986) and verifying a claim with respect to
employment in a tax return.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures may be made from this system to consumer reporting
agencies as defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Stored electronically and in file folders.
RETRIEVABILITY:
Indexed by an assigned employee code.
SAFEGUARDS:
Access to these records is limited to employees whose official
duties require such access.
RETENTION AND DISPOSAL:
The records are destroyed after three years.
SYSTEM MANAGER AND ADDRESS:
Director of each Commission Office (See Appendix A).
NOTIFICATION PROCEDURE:
Inquiries concerning this system of records should be addressed to
the system manager. It is necessary to furnish the following
information: (1) Name and (2) mailing address to which the response is
to be sent.
RECORD SOURCE CATEGORIES:
Official personnel folder, data submitted by employees and data
submitted by the offices where the individuals are or were employed.
EEOC-8
SYSTEM NAME:
Employee Travel and Reimbursement Records.
SYSTEM LOCATION:
All locations listed in Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Includes travel orders, travel vouchers, records of travel
advances, amounts owed the agency by employees for travel and other
purposes, amounts payable to the employee for travel and other
purposes, payments made to the employees for travel and other
reimbursable transactions, and a record of the difference between the
cost of official travel as estimated in the travel order and the amount
actually expended by the employee.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. 3512, 44 U.S.C. 3101.
PURPOSE:
These records are maintained in accordance with the General Service
Administration's regulations for the purpose of allowing EEOC employees
to travel for official business and reimbursing travel expenses.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
b. To disclose to an agency in the executive, legislative, or
judicial branch or the District of Columbia's Government, information
in connection with the hiring of an employee, the issuance of a
security clearance, the conducting of a security or suitability
investigation of an individual, the classifying of jobs, the letting of
a contract, the issuance of a license, grant, or other benefits by the
requesting agency, or the lawful statutory, administrative, or
investigative purpose of the agency to the extent that the information
is relevant and necessary to the requesting agency's decision.
c. To disclose to an authorized appeal grievance examiner, formal
complaints examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engaged in
investigation or settlement of a grievance, complaint, or appeal filed
by an employee.
d. To disclose to the Office of Personnel Management in accordance
with the agency's responsibility for evaluation and oversight of
Federal personnel management.
e. To disclose to officers and employees of the Department of the
Interior in connection with administrative services provided to this
agency under agreement with DOI.
f. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
g. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures may be made from this system to consumer reporting
agencies as defined in the Fair Credit Reporting Act (15 U.S.C.
1681a(f)) or the Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Stored on prepared forms and electronically.
RETRIEVABILITY:
Indexed alphabetically by name and/or chronologically by event and
name. Access to and use of these records is limited to those persons
whose official duties require such access. Personnel screening is
employed to prevent unauthorized disclosure. Files are stored
electronically and in standard cabinets, safes, and secured rooms.
Access to electronic records is limited,
[[Page 81125]]
through use of user names and passwords, to those whose official duties
require access.
RETENTION AND DISPOSAL:
These records are destroyed in accordance with GSA General Records
Schedule 2.
SYSTEM MANAGER AND ADDRESS:
Director, Finance and Systems Services Division, Office of the
Chief Financial Officer, EEOC, 131 M Street NE., Washington, DC 20507.
NOTIFICATION PROCEDURE:
Employees of the Commission wishing to know whether information
about them is maintained in this system of records should address
inquiries to the Director of the Office where employed (see Appendix
A). The individual should provide his or her full name, date of birth,
and mailing address.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Bills, receipts, and claims presented by employees and original
data generated by the Commission.
EEOC-9
SYSTEM NAME:
Claims Collection Records.
SYSTEM LOCATION:
These records are located in the Finance and Systems Services
Division, Office of Chief Financial Officer, Equal Employment
Opportunity Commission, 131 M Street NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any individual who is indebted to the United States as a result of
his or her interaction or financial activities with the Commission or
another federal agency including, but not limited to, any current or
former Commission employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains:
Debtor Files. These files contain information and evidence on the
identity and location of the individual who is subject to a claim, the
origin and amount of the indebtedness, decisions and determinations
regarding a claim, actions taken to collect a claim, and the results of
those actions. Depending on the status of a claim, a case file may
include such records as documents evidencing indebtedness, written
demands for payment, required notices, financial statements, medical
disability statements, agency investigative reports, credit reports,
written agreements for payment, intra-agency and inter-agency memoranda
of consultation and opinion on the collection action, documentation
resulting from a hearing, requests for waiver, requests for
reconsideration, written determinations and decisions, certifications
of indebtedness by this or another agency, counterclaims, judgments,
and documents evidencing payment or compromise of the debt.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 5514, 5522, 5584, 5705, 5724(f); 15 U.S.C. 1692; 26
U.S.C. 6331; 31 U.S.C. 3701, 3702, 3711, 3716, 3717, 3718, 3719; 44
U.S.C. 3101; 4 CFR parts 91-93, 101-105.
PURPOSE:
This system is maintained for the purpose of collecting debts owed
the United States by individuals as a result of their interaction with
the Commission or another federal agency. The debts are collected in
accordance with the Commission's regulatory debt collection procedures,
which include salary offset, administrative offset, Federal income tax
refund offset, and wage garnishment.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose information to appropriate officials and employees
of the Department of Justice for the purposes of litigation and forced
collection on administratively uncollected debts.
b. To disclose information to appropriate officials of the
Department of the Treasury and the Office of Management and Budget to
provide reports on debt collection activities.
c. To disclose information to another federal agency for the
purpose of collecting a debt owed to the Commission by an individual
through EEOC's debt collection procedures undertaken by the other
agency upon proper certification or evidence of the debt owed from the
Commission.
d. To disclose information to another federal agency for the
purpose of collecting a debt owed to that agency by an individual
through EEOC's debt collection procedures undertaken by the Commission
upon proper certification or evidence of the debt owed from the other
agency.
e. To disclose a debtor's name and identification number to the
Secretary of the Treasury or his or her designee for the purpose of
obtaining the debtor's mailing address from the IRS.
f. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
g. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
h. To disclose to an agency in the executive, legislative, or
judicial branch or the District of Columbia's government in response to
its request, or at the initiation of the agency maintaining the
records, information in connection with the hiring of an employee, the
issuance of a security clearance, the conducting of a security or
suitability investigation of an individual, the classifying of jobs,
the letting of a contract, the issuance of a license, grant, or other
benefit by the requesting agency, or the lawful statutory,
administrative, or investigative purpose of the agency to the extent
that the information is relevant and necessary to the requesting
agency's decision.
i. To disclose to officers and employees of the Department of the
Interior Business Center, in connection with administrative services
provided to this agency under agreement with DOI.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file folders and electronically.
RETRIEVABILITY:
These records are indexed by the name of the individual.
SAFEGUARDS:
Records are maintained and stored in file cabinets in a secured
area and electronically to which only authorized personnel have access.
Access to and use of these records is limited to those persons whose
official duties require such access.
RETENTION AND DISPOSAL:
Individual case files are usually retained for two years after the
claim is collected. Case records on individuals whose delinquent debts
are reported to consumer reporting agencies are
[[Page 81126]]
retained indefinitely. Other case files may be maintained for a period
up to ten years. IRS Mailing Address Index on any individual is not
maintained beyond six years.
SYSTEM MANAGER AND ADDRESS:
Director, Finance and Systems Services Division, Office of Chief
Financial Officer Equal Employment Opportunity Commission, 131 M Street
NE., Washington, DC 20507.
NOTIFICATION PROCEDURES:
Under the Debt Collection Act, individuals are notified if claims
collection records are maintained on them in accordance with statutory
procedures for debt collection. Individuals may also contact the System
Manager in order to obtain notification of claims collection records on
themselves.
Individuals must provide their full names under which records may
be maintained, and a mailing address to which a reply should be sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by or from:
a. The individual on whom the record is maintained;
b. Other Federal agencies;
c. Personnel, payroll, travel records, contract records, or other
records;
d. Administrative hearings;
e. Court records.
EEOC-10
SYSTEM NAME:
Grievance Records.
SYSTEM LOCATION:
These records are located in the Office of the Chief Human Capital
Officer, Equal Employment Opportunity Commission, 131 M Street NE.,
Washington, DC 20507, and in other headquarter offices and offices in
the field where the grievances were filed (see Appendix A).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current or former EEOC employees who have submitted grievances to
the EEOC, or pursuant to a negotiated procedure.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains all documents related to the grievance,
including statements of witnesses, reports of interviews and hearings,
examiners' findings and recommendations, a copy of the original and
final decision, and related correspondence and exhibits. This system
includes files and records of internal grievance and arbitration
systems that EEOC has or may establish through negotiations with
recognized labor organizations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; 5 U.S.C. 7121.
PURPOSE:
These records result from EEOC employees' grievances, filed under
the Commission's administrative grievance procedures or the formal
grievance procedures contained in section 7121 of the Civil Service
Reform Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose information to any source from which additional
information is requested in the course of processing a grievance, to
the extent necessary to identify the individual, inform the source of
the purpose(s) of the request, and identify the type of information
requested.
b. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
c. To disclose to an agency in the executive, legislative, or
judicial branch or the District of Columbia's government, information
in connection with the hiring of an employee, the issuance of a
security clearance, the conducting of a security or suitability
investigation of an individual, the classifying of jobs, the letting of
a contract, the issuance of a license, grant, or other benefits by the
requesting agency, or the lawful statutory, administrative, or
investigative purpose of the agency to the extent that the information
is relevant and necessary to the requesting agency's decision.
d. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
e. To provide information to a congressional office from the record
of an individual in response to an inquiry from that congressional
office made at the request of that individual.
f. To disclose to an authorized appeal grievance examiner, formal
complaints examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engaged in
investigation or settlement of a grievance, complaint, or appeal filed
by an employee.
g. To disclose in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
h. To provide information to officials of labor organizations
recognized under the Civil Service Reform Act when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting work conditions.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file folders and electronically.
RETRIEVABILITY:
These records are retrieved by grievance numbers and the names of
the individuals on whom they are maintained.
SAFEGUARDS:
These records are maintained in lockable metal filing cabinets to
which only authorized personnel have access. Access to electronic
records is limited, through use of usernames and passwords, to those
whose official duties require access.
RETENTION AND DISPOSAL:
These records are shredded or burned 3 years after closing the
case.
SYSTEM MANAGER AND ADDRESS:
If the grievance is pending at or was never raised beyond the Step
1 or Step 2 level, the system manager is the office director,
administrative officer, or district resource manager. (See Appendix A.)
For grievances that were raised beyond Step 2, the system manager is
the Chief Human Capital Officer, EEOC, 131 M Street NE., Washington, DC
20507.
NOTIFICATION PROCEDURES:
It is required that individuals submitting grievances be provided a
copy of the record under the grievance process. They may, however,
contact the agency personnel or designated office where the action was
processed regarding the existence of such records
[[Page 81127]]
regarding them. They must furnish the following information for their
records to be located and identified: (a) Name; (b) approximate date of
closing of the case and kind of action taken; (c) organizational
component involved.
RECORDS ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided:
a. By the individual on whom the record is maintained;
b. By testimony of witnesses;
c. By agency officials;
d. From related correspondence from organizations or persons.
EEOC-11
SYSTEM NAME:
Records of Adverse Actions Against Nonpreference Eligibles in the
Excepted Service.
SYSTEM LOCATION:
These records are located in Office of Chief Human Capital Officer,
Equal Employment Opportunity Commission, 131 M Street NE., Washington,
DC 20507 or in the headquarters and offices in the field in which the
actions have been taken.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current or former nonpreference-eligible, excepted service Equal
Employment Opportunity Commission (EEOC) employees against whom an
adverse action has been proposed or taken and who have not completed
two years of current and continuous service in the same or similar
positions. [This system covers only those adverse action files not
covered by OPM/GOVT-3.]
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains records and documents on the processing of
adverse actions for employees who are nonpreference eligible in the
excepted service and who do not have two years of continuous service in
their positions. The records include copies of the notice of proposed
action, materials relied on by the agency to support the reasons in the
notice, replies by the employee, statements of witnesses, reports, and
agency decisions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101.
PURPOSE:
These records result from the proposal, processing, and
documentation of adverse actions taken by the Commission against
nonpreference-eligible, excepted service EEOC employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in records may be used:
a. To provide information to officials of labor organizations
recognized under 5 U.S.C. Chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel policies,
practices, and matters affecting work conditions.
b. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, when
the EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
c. To disclose information to any source from which additional
information is requested for processing any of the covered actions or
in regard to any appeal or administrative review procedure, to the
extent necessary to identify the individual, inform the source of the
purpose(s) of the request, and identify the type of information
requested.
d. To disclose information to a federal agency, in response to its
request, in connection with the hiring or retention of an employee, the
issuance of a security clearance, the conducting of a security or
suitability investigation of an individual, or the classifying of jobs,
to the extent that the information is relevant and necessary to the
requesting agency's decision on the matter.
e. To provide information to a congressional office from the record
of an individual in response to an inquiry from that congressional
office made at the request of that individual.
f. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
g. To disclose, in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial, or administrative proceeding.
h. To disclose to an authorized appeal grievance examiner, formal
complaints examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engaged in
the investigation or settlement of a grievance, complaint, or appeal
filed by an employee.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, SAFEGUARDING,
RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file folders and electronically.
RETRIEVABILITY:
These records are retrieved by the names of the individuals on whom
they are maintained.
SAFEGUARDS:
These records are maintained in locked metal filing cabinets to
which only authorized personnel have access. Access to electronic
records is limited, through use of usernames and passwords, to those
whose official duties require access.
RETENTION AND DISPOSAL:
Records documenting an adverse action are disposed of 4 years after
the closing of the case.
SYSTEM MANAGER AND ADDRESS:
Chief Human Capital Officer, and Directors of offices in the field
(see Appendix A).
NOTIFICATION PROCEDURES:
Individuals receiving notice of a proposed action are provided
access to all documents supporting the notice. They may also contact
the personnel office where the action was processed regarding the
existence of such records on them. They must furnish the following
information for their records to be located and identified:
a. Name
b. Approximate date of closing of case and kind of action taken
c. Organizational component involved.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided:
a. By the individual on whom the record is maintained
b. By witnesses
c. By agency officials.
EEOC-12
SYSTEM NAME:
Telephone Call Detail Records.
SYSTEM LOCATION:
Telecommunications Manager, Customer Services Management
[[Page 81128]]
Division, Office of Information Technology, EEOC, 131 MM Street NE.,
Washington DC 20507, and each office in the field listed in Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals (generally EEOC employees) who made telephone calls
from EEOC telephones, individuals who received telephone calls from, or
charged to, EEOC telephones., and individuals who are assigned U.S.
government phone cards by EEOC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records relating to the use of EEOC telephones and government phone
cards to make calls; records indicating the assignment of telephone
numbers to employees; records relating to the location of telephones.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101.
PURPOSE:
These records are maintained for the purpose of keeping an account
of telephone calls made from EEOC telephones and ensuring that phone
calls and card charges are made for official business only.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information from these records may be used:
a. To provide information to a congressional office from the record
of an individual in response to an inquiry from that congressional
office made at the request of that individual.
b. To disclose to representatives of the General Services
Administration or the National Archives and Records Administration who
are conducting records management inspections under the authority of 44
U.S.C. 2904 and 2906.
c. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
d. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
the disclosing agency becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
e. To disclose to an agency in the executive, legislative, or
judicial branch or the District of Columbia's government in response to
its request, or at the initiation of the EEOC, information in
connection with the hiring of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of
an individual, the classifying of jobs, the letting of a contract, the
issuance of a license, grant or other benefits by the requesting
agency, or the lawful statutory, administrative, or investigative
purpose of the agency to the extent that the information is relevant
and necessary to the requesting agency's decision.
f. To disclose to a telecommunications company providing
telecommunications support to permit servicing the account.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file folders and electronically.
RETRIEVABILITY:
Records are retrieved by employee name or identification number and
by name of recipient of telephone call or telephone number.
SAFEGUARDS:
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to
electronic records is limited, through use of usernames and passwords,
to those whose official duties require access.
RETENTION AND DISPOSAL:
Records are disposed of as provided in the National Archives and
Records Administration's General Records Schedule 12.
SYSTEM MANAGER AND ADDRESS:
Telecommunications Manager, Customer Services Management Division,
Office of Information Technology, EEOC, 131M Street NE., Washington DC,
20507 and the Directors of the field offices listed in Appendix A.
NOTIFICATION PROCEDURES:
Inquiries concerning this system of records should be addressed to
the system manager. It is necessary to provide the following
information: (1) Name; (2) telephone number (office number if
Commission employee); (3) mailing address to which response is to be
sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Telephone assignment records; call detail listings; results of
administrative inquiries relating to assignment of responsibilities for
placement of specific local and long distance calls. on government
phone card bills
EEOC-13
SYSTEM NAME:
Employee Identification Cards.
SYSTEM LOCATION:
Operations Services Division, Office of the Chief Human Capital
Officer, EEOC, 131 M Street NE., Washington DC 20507, and each of the
field offices in Appendix A.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current EEOC employees, and other individuals who require regular,
ongoing access to EEOC facilities or information technology systems
including, but not limited to, federal employees, contractors, interns,
volunteers, and individuals formerly in any of these positions. This
system does not apply to occasional or short-term visitors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records maintained on individuals issued identification cards,
including Personal Identification Verification (PIV) cards, by EEOC
include the following information: Full name; signature; social
security number; date of birth; photograph; fingerprints; hair color;
eye color; height; weight; office of assignment; telephone number; copy
of background investigation form; card issue and expiration dates;
personal identification number; results of background investigation;
PIV request form; PIV registrar approval signature; PIV card serial
number; and a list of all persons who possess current identification
cards. In addition, for office locations permitting access by proximity
cards, numbered proximity cards and a list of all persons with their
assigned proximity card numbers, all doors controlled by the proximity
cards, and all persons permitted access to each door.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
44 U.S.C. 3101; 41 CFR 101-20.3. 5 U.S.C. 301; Federal Information
Security Act (Pub. L. 104-106, 5113); Electronic Government Act (Pub.
L. 104-347, 203); Homeland Security Presidential Directive (HSPD) 12,
Policy for Common Identification Standard for Federal Employees and
Contractors, August 27, 2004; and Office of Personnel Management
Memorandum,
[[Page 81129]]
Final Credentialing Standards for Issuing Personal Identity
Verification Cards under HSPD-12, July 31, 2008.
PURPOSE:
These records are maintained for the purpose of ensuring that EEOC
offices and information systems are secure and that only authorized
individuals have access to those offices and systems.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information from these records may be used:
a. To provide information to a congressional office from the record
of an individual in response to an inquiry from that congressional
office made at the request of that individual.
b. To disclose to other government agencies and to the public
whether an individual is a current employee of the EEOC.
c. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
d. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
e. To disclose information to agency contractors who have been
engaged to assist the agency in the performance of a contract or other
activity related to this system of records and who need to have access
to the records in order to perform their activity.
f. To notify another federal agency when, or verify whether, a PIV
card is no longer valid.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in paper files and in electronic
media.
RETRIEVABILITY:
Records are retrieved by name, social security number, other ID
number, PIV card serial number, photograph, or fingerprint.
SAFEGUARDS:
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to
electronic records is limited, through use of usernames and passwords,
to those whose official duties require access.
RETENTION AND DISPOSAL:
Records are destroyed not later than five years after the
separation or transfer of the employee. In accordance with HSPD-12, PIV
cards are deactivated within 18 hours of cardholder separation, loss of
card, or expiration. The information on PIV cards is maintained in
accordance with General Records Schedule 11, Item 4. PIV cards are
destroyed by cross-cut shredding no later than 90 days after
deactivation.
SYSTEM MANAGER AND ADDRESS:
Director, Operations Services Division, Office of the Chief Human
Capital Officer, EEOC, 131 M Street NE., Washington DC 20507, and the
Directors of the field offices listed in Appendix A.
NOTIFICATION PROCEDURES:
Inquiries concerning this system of records should be addressed to
the system manager. It is necessary to provide the following
information: (1) Name; (2) date of birth; and (3) mailing address to
which the response is to be sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from the employee
or contractor; other federal agencies; contract employer; or former
employer.
EEOC-14
Reserved
EEOC-15
SYSTEM NAME:
Internal Harassment Inquiries.
SYSTEM LOCATION:
Office of the Chief Human Capital Officer, Equal Employment
Opportunity Commission, 131 M Street NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current or former EEOC employees, contractors, applicants, interns,
and volunteers who have submitted complaints or reports of harassment
under EEOC Order 560.005, Prevention and Elimination of Harassment in
the Workplace, and current and former EEOC employees, contractors,
applicants, interns, and volunteers who have been accused of harassment
under that Order.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains all documents related to a complaint or report
of harassment, including statements of witnesses, reports of
interviews, investigator's and Coordinator's findings and
recommendations, final decisions and corrective action taken, and
related correspondence and exhibits.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 633a; 29 U.S.C. 791; 42 U.S.C. 2000e-16; 44 U.S.C. 3101;
Exec. Order No. 11478, 34 FR 12985; Exec. Order No. 13087, 63 FR 30097.
PURPOSE:
These records are maintained for the purpose of conducting internal
investigations into allegations of harassment brought by current or
former EEOC employees, contractors, applicants, interns, and volunteers
and taking appropriate action in accordance with EEOC Order 560.005.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose information as necessary to any source from which
additional information is requested in the course of processing a
complaint or report of harassment made pursuant to EEOC Order 560.005.
b. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, when
the EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
c. To disclose information to another federal agency, to a court,
or to a party in ligation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
d. To provide information to a congressional office from the record
of an individual in response to an inquiry from that congressional
office made at the request of that individual.
e. To disclose to an authorized appeal grievance examiner, formal
complaints examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engaged in
investigation or settlement of a grievance, complaint, or appeal filed
by an employee.
f. To disclose to the individual who filed the complaint or report
of harassment and to the alleged harasser
[[Page 81130]]
the outcome of any inquiry that may have been conducted and of
disciplinary and corrective steps taken.
g. To provide to officials of labor organizations recognized under
the Civil Service Reform Act information to which they are statutorily
entitled when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting work conditions.
h. To provide to the alleged harasser information in the event of a
disciplinary hearing.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file folders and electronically.
RETRIEVABILITY:
These records are cross-indexed by the name of the individual who
files a complaint or report of harassment, the name of the alleged
victim of harassment, if any, and the name of the alleged harasser. The
records may be retrieved by any of the above three indexes.
SAFEGUARDS:
The records are maintained in locked metal filing cabinets to which
only authorized personnel have access. Access to electronic records is
limited, through use of logins and passwords, to those whose official
duties require access.
RETENTION AND DISPOSAL:
These records are maintained for one year after the complaint or
report of harassment is closed and then transferred to the Federal
Records Center where they are destroyed after three years.
SYSTEM MANAGER(S) AND ADDRESS:
Harassment Coordinator, Office of Chief Human Capital Officer,
EEOC, 131 M Street NE., Washington, DC 20507.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
This system is exempt under 5 U.S.C. 552a(k)(2) from subsections
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the
Act.
EEOC-16
SYSTEM NAME:
Office of Inspector General Investigative Files.
SYSTEM LOCATION:
Office of Inspector General (OIG), Equal Employment Opportunity
Commission, 131 M Street NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are subjects of investigations by the Office of
Inspector General relating to the programs and operations of the Equal
Employment Opportunity Commission. Subject individuals include, but are
not limited to, current and former employees; current and former agents
or employees of contractors and subcontractors in their personal
capacity, where applicable; and other individuals whose actions affect
the EEOC, its programs or operations.
CATEGORIES OF RECORDS IN THE SYSTEM:
Correspondence relating to the investigation; internal staff
memoranda; copies of subpoenas issued during the investigation,
affidavits, statements from witnesses, transcripts of testimony taken
during the investigation, and accompanying exhibits; documents, notes,
investigative notes, staff working papers, draft materials, and other
documents and records relating to the investigation; opening reports,
progress reports, and closing reports; video and audio recordings; and
other investigatory information or data relating to the alleged or
suspected criminal, civil, or administrative violations or similar
wrongdoing by subject individuals.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Inspector General Act of 1978, as amended, 5 U.S.C. App. 3.
PURPOSES:
Pursuant to the Inspector General Act of 1978, as amended, this
system of records is maintained for the purpose of: (1) Documenting the
conduct and outcome of investigations by the OIG and other
investigative agencies regarding EEOC programs and operations; (2)
reporting the results of investigations to other Federal agencies,
other public authorities or professional organizations which have the
authority to bring criminal prosecutions, or civil or administrative
actions, or to impose other disciplinary sanctions; (3) maintaining a
record of the activities which were the subject of investigations; (4)
reporting investigative findings to other components of EEOC for their
use in operating and evaluating their programs or operations, and in
the imposition of civil or administrative sanctions; (5) coordinating
relationships with other Federal agencies, state and local governmental
agencies and nongovernmental entities in matters relating to the
statutory responsibilities of the OIG; and (6) acting as a repository
and source for information necessary to fulfill the reporting
requirements of the Inspector General Act, 5 U.S.C. App. 3.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
a. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation or order, where
the EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
b. To disclose information to any source, private or governmental,
to the extent necessary to secure from such source information relevant
to and in furtherance of a legitimate OIG investigation, audit,
evaluation, or other inquiry.
c. To disclose information to agencies, offices or establishments
of the executive, legislative, or judicial branches of the Federal or
state governments:
(1) Where such agency, office, or establishment has an interest in
an individual for employment purposes, including a security clearance
or determination as to access to classified information, and needs to
evaluate the individual's qualifications, suitability, or loyalty to
the United States Government, or access to classified information or
restricted areas, or
(2) Where such agency, office, or establishment conducts an
investigation of the individual for purposes of granting a security
clearance, or for making a determination of qualifications, suitability
or loyalty to the United States Government, or access to classified
information or restricted areas, or
(3) Where the records or information in those records is relevant
and necessary to a decision with regard to the hiring or retention of
an employee or disciplinary or other administrative action concerning
an employee.
d. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
e. To disclose information to a Congressional office from the
record of an individual in response to an inquiry from the
Congressional office made at the written request of that individual.
f. To private contractors who have been retained by OIG to perform
any functions or analyses that facilitate or are relevant to an OIG
investigation, audit, inspection, or inquiry.
[[Page 81131]]
g. To disclose information to authorized officials of the Council
of Inspectors General for Integrity and Efficiency (CIGIE), the
Department of Justice, and the Federal Bureau of Investigation for the
purpose of conducting qualitative assessment reviews of the Office of
Inspector General's investigative operations.
h. To disclose information to authorized officials of the CIGIE for
their preparation of reports to the President and Congress on the
activities of the Inspectors General.
i. To disclose to an agency, organization or individual for the
purpose of performing audit or oversight operations as authorized by
law, including peer reviews, but only such information as is necessary
and relevant to such audit or oversight operation.''
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in this system is stored manually in file folders and
electronically.
RETRIEVABILITY:
The records are retrieved by the name of the subject of the
investigation or by a unique control number assigned to each
investigation.
SAFEGUARDS:
Information is stored in locked file cabinets in a secured space.
Access to electronic records is limited through the use of logins and
passwords to those whose official duties require access.
RETENTION AND DISPOSAL:
Records are held for five (5) years and then retired to the Federal
Records Center.
SYSTEM MANAGER AND ADDRESS:
Inspector General, Equal Employment Opportunity Commission, P.O.
Box 18858, Washington, DC 20036-8858.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Specific: Pursuant to 5 U.S.C. 552a(k)(2) the Office of Inspector
General Investigative Files are exempt from subsections (c)(3), (d)(1),
(d)(2) and (e)(1) of the Privacy Act.
General: Pursuant to 5 U.S.C. 552a(j)(2), investigatory materials
compiled for criminal law enforcement in the Office of Inspector
General Investigative Files are exempt from subsections (c)(3), (d)(1),
(d)(2), (e)(1), (e)(2), and (e)(3) of the Privacy Act.
EEOC-17
SYSTEM NAME:
Defensive Litigation Files.
SYSTEM LOCATION:
External Defensive Litigation Files are located in the Office of
Legal Counsel, Equal Employment Opportunity Commission, 131 M Street
NE., Washington, DC 20507. Internal Defensive Litigation Files are
located in the Office of General Counsel, Equal Employment Opportunity
Commission, 131 M Street NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have filed civil or administrative litigation
against EEOC and individuals who have given sworn testimony,
affidavits, or declarations under penalty of perjury in such actions.
External cases are brought by members of the public; internal cases are
brought by applicants, current, and former EEOC employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains all documents related to external and internal
litigation brought against the Commission. These records include:
a. Documents submitted or filed by plaintiffs, grievants, and EEO
complainants to prosecute civil or administrative litigation against
the EEOC, such as complaints, grievances, unfair labor practice claims,
motions, and briefs.
b. Documents submitted by the EEOC to defend the action against it
such as an answer to a civil complaint or a motion to dismiss or for
summary judgment, and a reply to an administrative EEO complaint,
grievance, or unfair labor practice.
c. Administrative determinations at issue in the litigation such as
final agency EEO decisions, final grievance decisions, final decisions
on personnel actions, final agency administrative dispositions of tort
claims, and agency determinations under the Freedom of Information Act.
d. Discovery and investigatory materials such as witness
statements, affidavits, declarations under penalty of perjury,
correspondence, records, exhibits, and other documentary evidence.
e. Litigation materials, such as attorney work product, attorney
notes, hearing transcripts, legal memoranda, and related correspondence
and exhibits.
f. Final judgments, orders, decisions, decrees, and settlement
agreements.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101.
PURPOSE:
These records are maintained for the purpose of defending EEOC in
litigation brought against it by current and former employees (internal
files), charging parties, respondents and members of the public
(external files).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose pertinent information as may be appropriate or
necessary for the Commission to defend itself in a civil action or
administrative proceeding, or to seek enforcement of a settlement,
order, or final decision involving the same or a similar matter.
b. To provide information to a congressional office in response to
an inquiry from the congressional office made at the request of a party
to the administrative or civil proceeding to which the record pertains.
c. To disclose pertinent information to an appropriate federal
court, agency, or administrative body responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or
order, where the EEOC becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation, or in order
to seek enforcement or clarification of an order or decision for or
against the EEOC to which the record pertains.
d. To disclose information to another federal agency or to a court
when the government is a party to the judicial or administrative
proceeding.
e. To disclose, in response to an order, information that is
relevant to a pending judicial or administrative proceeding.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
External defensive litigation files are maintained in a locked
filing system in the Office of Legal Counsel. Internal defensive
litigation files are maintained in a locked filing system in the Office
of General Counsel. Information identifying existing external and
internal defensive litigation files is maintained electronically.
RETRIEVABILITY:
External Defensive Litigation records are cross-indexed by name of
the plaintiff, and Office of Legal Counsel reference number. Internal
Defensive Litigation records are maintained by
[[Page 81132]]
name of plaintiff, complainant, grievant, or aggrieved individual, and
by Office of General Counsel reference number. The records may be
retrieved by either index.
SAFEGUARDS:
External Defensive Litigation paper records maintained at EEOC
headquarters are kept in locked cabinets in the Office of Legal
Counsel. Internal Defensive Litigation paper records maintained at EEOC
headquarters are kept in locked cabinets in the Office of General
Counsel. Access to and use of these records is limited to those persons
whose official duties require such access. The premises are locked
evenings, weekends, and holidays. Paper records which have been retired
are maintained at the Federal Records Center. Access to electronic
External and Internal Defensive Litigation records is limited through
use of passwords to those whose official duties require access, input,
and retrieval of information.
RETENTION AND DISPOSAL:
Two years after the date of closure of the underlying civil or
administrative action (e.g., final order, decision on appeal), records
pertaining to that action are retired to the Federal Records Center.
Thereafter, non-permanent files are destroyed six years after the date
of closure of the underlying action.
SYSTEM MANAGER(S) AND ADDRESS:
The System Manager for External Defensive Litigation files is the
Assistant Legal Counsel, Advice & Litigation Division, Office of Legal
Counsel, Equal Employment Opportunity Commission, 131 M Street NE.,
Washington, DC 20507. The System Manager for Internal Defensive
Litigation files is the Assistant General Counsel for Internal
Litigation Services, Office of General Counsel, Equal Employment
Opportunity Commission, 131 M Street NE., Washington, DC 20507.
NOTIFICATION PROCEDURES:
Any person wanting to know whether this system of records contains
information about him or her should contact the System Manager. Such
person should provide his or her full name and mailing address to which
a response is to be sent, and forum, filing date, and docket number of
the action involved, if available.
RECORD ACCESS PROCEDURES:
The records described herein are compiled in reasonable
anticipation of a civil action or proceeding. Pursuant to section
(d)(5) of the Privacy Act of 1974, as amended, 5 U.S.C. 552a(d)(5), an
individual is precluded from access to such records.
CONTESTING RECORDS PROCEDURES:
Same as the Notification Procedures above.
RECORD SOURCE CATEGORIES:
Plaintiffs, grievants, complainants, aggrieved individuals, current
and former EEOC employees.
EEOC-18
SYSTEM NAME:
Reasonable Accommodation Records
SYSTEM LOCATION:
Office of the Chief Human Capital Officer, Equal Employment
Opportunity Commission, 131 M Street NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former EEOC employees and applicants who have requested
reasonable accommodations under the Rehabilitation Act of 1973.
CATEGORIES OF RECORDS IN THE SYSTEM:
Requests for reasonable accommodations; medical records; notes or
records made during consideration of requests; decisions on requests;
records made to implement or track decisions on requests.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act of 1973, 29 U.S.C. 791; E.O. 13164.
PURPOSE:
This system is maintained for the purpose of considering, deciding,
and implementing requests for reasonable accommodation made by EEOC
employees and applicants.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
a. To disclose information to medical personnel to meet a bona fide
medical emergency.
b. To disclose information to another Federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency when the Government is a
party to the judicial or administrative proceeding.
c. To disclose information to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of the individual.
d. To disclose to an authorized appeal grievance examiner, formal
complaints examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engaged in
investigation or settlement of a grievance, complaint, or appeal filed
by an employee.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Maintained in locked file cabinets and electronically.
RETRIEVABILITY:
Indexed by name of employee or applicant and office location.
SAFEGUARDS:
Files are maintained in locked cabinets. Access is restricted to
EEOC personnel whose official duties require such access. Access to
computerized records is limited, through use of logins and passwords,
to those whose official duties require access.
RETENTION AND DISPOSAL:
These records will be maintained in the Office of the Human Capital
Officer for the longer of an employee's tenure with EEOC or 5 years.
Thereafter, they will be destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Disability Program Manager, Office of the Chief Human Capital
Officer, Equal Employment Opportunity Commission, 131 M Street NE.,
Washington, DC 20507.
NOTIFICATION PROCEDURES:
Any person wanting to know whether this system of records contains
information about him or her should contact the System Manager. Such
person should provide his or her full name, position title and office
location at the time the accommodation was requested, and mailing
address to which a response is to be sent.
RECORD ACCESS PROCEDURES:
Same as the Notification Procedures above.
CONTESTING RECORDS PROCEDURES:
Same as the Notification Procedures above.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from the current
or former employee, the Office of the Chief Human Capital Officer, and
management officials.
EEOC-19
SYSTEM NAME:
Revolving Fund Registrations.
[[Page 81133]]
SYSTEM LOCATION:
Revolving Fund Division, Office of Field Programs, Equal Employment
Opportunity Commission, 131 M Street NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who register for or attend EEOC Revolving Fund
programs, courses and conferences and who purchase publications and
products.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains the names, job titles, company, organization or
agency names, business addresses and phone numbers, email addresses,
any reasonable accommodation requested, and attendance or purchase
dates. Some of the records may contain payment information, the
industry of the company, and the size of the establishment.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 2000e-4(k).
PURPOSE(S):
These records are maintained for the purpose of administering
Revolving Fund programs and publicizing future programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To send mailings to registrants and attendees advertising future
Revolving Fund programs.
b. To provide information to a congressional office from the record
of the individual in response to an inquiry from that congressional
office made at the request of that individual.
c. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained electronically.
RETRIEVABILITY:
These records are indexed by the names of the registrants or
attendees, by company, organization, or agency name.
SAFEGUARDS:
Access to and use of these records is limited, through use of
access codes and entry logs, to those whose official duties require
access.
RETENTION AND DISPOSAL:
These records are kept indefinitely.
SYSTEM MANAGER AND ADDRESS:
Director, Revolving Fund Division, Office of Field Programs, Equal
Employment Opportunity Commission, 131 M Street NE., Washington, DC
20507.
NOTIFICATION PROCEDURE:
Inquiries concerning this system of records should be addressed to
the system manager. All inquiries should furnish the full name of the
individual and the mailing address to which the reply should be mailed.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from the
registrant or attendee.
EEOC-20
SYSTEM NAME:
RESOLVE Program Records.
SYSTEM LOCATION:
RESOLVE Program, Equal Employment Opportunity Commission, 131 M
Street NE., Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former EEOC employees who request alternative dispute
resolution during the counseling or investigative process of their EEO
complaints against EEOC, as well as EEOC employees who contact the
RESOLVE program for alternative dispute resolution of disputes
occurring in their EEOC employment.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains the records generated in the course of
receiving and attempting to resolve disputes brought to the RESOLVE
program, including, as appropriate, intake interview notes, mediation
scheduling notices, the mediator's outcome form, and settlement
agreements.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 571-574; 44 U.S.C. 3101; 29 CFR part 1614.
PURPOSE(S):
These records are maintained for the purpose of administering
EEOC's RESOLVE Program, which provides a forum for the informal
resolution of a variety of workplace disputes as an alternative to the
formal procedures that employees traditionally use to resolve disputes.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, when
the EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
b. To provide information to a congressional office from the record
of the individual in response to an inquiry from that congressional
office made at the request of that individual.
c. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file folders and electronically.
RETRIEVABILITY:
These records are indexed by the names of the employee.
SAFEGUARDS:
The records are maintained in locked metal filing cabinets to which
only authorized personnel have access. Access to and use of electronic
records is limited, through use of logins and passwords, to those whose
official duties require access.
RETENTION AND DISPOSAL:
These records are maintained for one year after the complaint or
dispute matter brought to RESOLVE is closed and then transferred to the
Federal Records Center where they are destroyed after three years.
SYSTEM MANAGER AND ADDRESS:
Chief Mediation Officer, Equal Employment Opportunity Commission,
131 M Street NE., Washington, DC 20507.
NOTIFICATION PROCEDURE:
Inquiries concerning this system of records should be addressed to
the
[[Page 81134]]
system manager. All inquiries should furnish the full name of the
individual and the mailing address to which the reply should be mailed.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORDS PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from the current
or former employee, the Office of Equal Opportunity, the Office of the
Chief Human Capital Officer, management officials, union officials, and
the mediator.
EEOC-21
SYSTEM NAME:
Emergency Management Records.
SYSTEM LOCATION:
Headquarters, District, Field, Area, and Local Offices may maintain
emergency contact files. The Office of the Chief Financial Officer
maintains emergency management and continuity of operations (COOP)
files. The Office of the Chief Human Capital Officer maintains the
orders of succession, which are part of the COOP files.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
EEOC employees, contractors, and other governmental and non-
governmental persons essential to carrying out emergency activities.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records, composed of emergency notification rosters and files,
emergency contact information, and COOP files, may contain the
following personal information: Name; office, cellular and home
telephone numbers; home address; email address; primary contact name,
relationship, address, cellular, work and home telephone numbers;
alternate contact's name, relationship, address, cellular, work and
home telephone numbers. Each office may collect a different set of
information. System records may include special needs information such
as medical, mobility, and transportation requirements for individuals.
Additional information may include official titles and emergency
assignments.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; Executive Order 12565, Assignment of
Emergency Preparedness Responsibilities, (Nov. 18, 1989); Presidential
Decision Directive 67, Ensuring Constitutional Government and
Continuity of Government Operations.
PURPOSE:
To maintain current information on EEOC employees and other persons
covered by this system to allow persons with emergency management
responsibilities to notify or contact them about conditions that
require their urgent assistance or attention during an emergency.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
EEOC becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
b. To disclose information to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of the individual.
c. To disclose information to an expert, consultant or contractor
in the performance of a federal government duty involving EEOC
emergency management.
d. To disclose information about an individual during an emergency
in order to locate or contact that individual.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in paper files and in electronic
media.
RETRIEVABILITY:
Records are retrieved by name, organization, or location.
SAFEGUARDS:
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to
electronic records is limited through use of logins and passwords for
those whose official duties require access.
RETENTION AND DISPOSAL:
Records are destroyed one year after termination of the employment
relationship or contract termination.
SYSTEM MANAGER(S) AND ADDRESS:
Headquarters, District, Field, Area, and Local Office Directors.
Addresses listed in Appendix A.
NOTIFICATION PROCEDURES:
Inquiries concerning this system of records should be made to the
system manager. It is necessary to provide the name of the individual
and the mailing address to which the response should be sent.
RECORD ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from the individuals
themselves, their supervisors or office.
EEOC-22
SYSTEM NAME:
EEOC Personnel Security Files.
SYSTEM LOCATION:
Office of the Chief Human Capital Officer, Operations Services
Division, Equal Employment Opportunity Commission, 131 M Street NE.,
Washington, DC 20507.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
EEOC employees, applicants, former employees, interns, volunteers,
and contractors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, former names, birth date, birth place, social security
number, home address, telephone numbers, employment history,
residential history, education and degrees earned, names of associates
and references and their contact information, citizenship, names of
relatives, citizenship of relatives, names of relatives who work for
the federal government, criminal history, drug use, financial
information, fingerprints, summary report of investigation, results of
suitability decisions, requests for appeal, witness statements,
investigator's notes, tax return information, credit reports, security
violations (including circumstances of violation and agency action
taken).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 3101; 5 CFR parts 731, 732, and 736; Executive Orders
10450, 10865, 12333, 12356, and 13467; Homeland Security Presidential
Directive 12 (HSPD 12), Policy for a Common Identification Standard for
Federal Employees and Contractors,
[[Page 81135]]
August 27, 2004; and Office of Personnel Management Memorandum, Final
Credentialing Standards for Issuing Personal Identity Verification
Cards under HSPD-12, July 31, 2008.
PURPOSE:
The records in this system are used to document and support
decisions regarding the suitability, eligibility, and fitness for
service of applicants for EEOC employment and contract positions,
including criminal background screening for interns, or volunteers, to
the extent their duties require access to federal facilities,
information, systems, or applications. The records may be used to
document security violations and supervisory actions taken.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
a. To provide information to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of the individual.
b. Except as noted on Standard Forms 85, 85P, and 86, to disclose
pertinent information to the appropriate federal, state, or local
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, where EEOC becomes
aware of an indication of a violation or potential violation of civil
or criminal law or regulation.
c. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
d. To disclose information to any source or potential source from
which information is requested in the course of an investigation
concerning the retention of an employee or other personnel action
(other than hiring), to the extent necessary to identify the
individual, inform the source of the nature and purpose of the
investigation, and to identify the type of information requested.
e. To disclose information to employees of contractors who have
been engaged by EEOC to perform an activity related to suitability,
eligibility, and fitness for service of EEOC applicants and employees.
POLICIES AND PRACTICE FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in paper files and in electronic
media.
RETRIEVABILITY:
Background investigation files are retrieved by name, social
security number, or fingerprint.
SAFEGUARDS:
Records are maintained and stored in file cabinets in a secured
area to which only authorized personnel have access. Access to
electronic records is limited through use of logins and passwords to
those whose official duties require access.
RETENTION AND DISPOSAL:
These records are destroyed upon notification of death or not later
than five years after separation or transfer of employee to another
agency or department.
SYSTEM MANAGER AND ADDRESS:
Director, Operations Services Division, Office of the Chief Human
Capital Officer, EEOC, 131 M Street NE., Washington, DC 20507.
NOTIFICATION PROCEDURE:
Inquiries concerning this system of records should be addressed to
the system manager. It is necessary to provide the following
information: (1) Name; (2) date of birth; and (3) mailing address to
which response is to be sent.
RECORDS ACCESS PROCEDURES:
Same as above.
CONTESTING RECORD PROCEDURES:
Same as above.
RECORD SOURCE CATEGORIES:
Information is obtained from a variety of sources, including the
employee, contractor or applicant via use of the SF-85, SF-85P, or SF-
86 and personal interviews; employers' and former employers' records;
FBI criminal history records and other databases; financial
institutions and credit reports; interviews of witnesses, such as
neighbors, friends, co-workers, business associates, teachers,
landlords, or family members; tax records; and other public records.
Security violation information is obtained from a variety of sources,
such as guard reports, security inspections, witnesses, supervisor's
reports, audit reports.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT:
This system of records is exempt in accordance with 5 U.S.C.
552a(k)(5) from subsection (c)(3) and (d)(1) of the Privacy Act, but
only to the extent that the information identifies witnesses promised
confidentiality as a condition of providing information during the
course of the background investigation.
EEOC/GOVT-1
SYSTEM NAME:
Equal Employment Opportunity (EEO) in the Federal Government
Complaint and Appeal Records.
SYSTEM LOCATION:
Equal employment opportunity complaint files are maintained in an
Office of Equal Employment Opportunity or other designated office of
the agency or department where the complaint was filed. EEO hearing
records are maintained in the EEOC office in the field that handles the
hearing request (See Appendix A). EEO Appeal files (including appeals
from final negotiated grievance decisions involving allegations of
discrimination) and petitions for review of decisions of the Merit
Systems Protection Board are maintained in the Office of Federal
Operations, Equal Employment Opportunity Commission, 131 M St. NE.,
Washington, DC 20507. Applicants for federal employment and current and
former federal employees who contact an EEO counselor, file complaints
of discrimination or reprisal with their agency, file requests for
hearings, or file appeals of EEO complaints, petitions for review of
decisions of the Merit Systems Protection Board, or appeals of final
decisions in negotiated grievance actions involving allegations of
discrimination.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains information or documents compiled
during the pre-complaint counseling, investigation, hearing, and appeal
of complaints filed under section 717 of Title VII, section 15 of the
Age Discrimination in Employment Act, section 501 of the Rehabilitation
Act, and the Equal Pay Act and all appeals.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
42 U.S.C. 2000e-16(b) and (c); 29 U.S.C. 204(f) and 206(d); 29
U.S.C. 633(a); 29 U.S.C. 791; Reorg. Plan No. 1 of 1978, 43 FR 19607
(May 9, 1978); Exec. Order No. 12106, 44 FR 1053 (Jan. 3, 1979).
PURPOSE:
These records are maintained for the purpose of counseling,
investigating, and adjudicating complaints of employment discrimination
brought by applicants and current and former federal employees against
federal employers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
[[Page 81136]]
a. To disclose pertinent information to the appropriate federal,
state, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
the disclosing agency becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
b. To disclose information to another federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a federal agency when the government is a
party to the judicial or administrative proceeding.
c. To provide information to a congressional office from the record
of an individual in response to an inquiry from that congressional
office made at the request of that individual.
d. To disclose to an authorized appeal grievance examiner, formal
complaints examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engaged in
investigation or settlement of a grievance, complaint, or appeal filed
by an employee.
e. To disclose, in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
f. To disclose information to officials of state or local bar
associations or disciplinary boards or committees when they are
investigating complaints against attorneys in connection with their
representation of a party before EEOC.
g. To disclose to a Federal agency in the executive, legislative,
or judicial branch of government, in response to its request for
information in connection with the hiring of an employee, the issuance
of a security clearance, the conducting of a security or suitability
investigation of an individual, the classifying of jobs, or the lawful
statutory, administrative, or investigative purpose of the agency to
the extent that the information is relevant and necessary to the
requesting agency's decision.
h. To disclose information to employees of contractors engaged by
an agency to carry out the agency's responsibilities under 29 CFR part
1614.
i. To disclose information to potential witnesses as appropriate
and necessary to perform the agency's functions under 29 CFR part 1614.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in file folders and electronically.
RETRIEVABILITY:
These records are indexed by the names of the individuals on whom
they are maintained.
SAFEGUARDS:
Access to and use of these records are limited to those persons
whose official duties require such access.
RETENTION AND DISPOSAL:
These records are maintained for one year after resolution of the
case and then transferred to the Federal Records Center where they are
destroyed after three years.
SYSTEM MANAGER(S) AND ADDRESS:
Within the agency or department where the complaint of
discrimination was filed, the system manager is the Director of the
Office of Equal Employment Opportunity or other official designated as
responsible for the administration and enforcement of equal employment
opportunity laws and regulations within the agency or department.
Where an individual has requested a hearing, the system manager of
hearing records is the Director of the Office of Field Programs, 131 M
Street NE., Washington, DC 20507.
Where an EEO complaint or final negotiated grievance decision has
been appealed to EEOC or an individual has petitioned EEOC for review
of a decision of the Merit Systems Protection Board, the system manager
of the appeal or petition file is the Director, Office of Federal
Operations, 131 M Street NE., Washington, DC
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Pursuant to subsection (k)(2) of the Privacy Act, 5 U.S.C.
552a(k)(2), this system of records is exempt from subsections (c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) of the Act.
Appendix A
U.S. EEOC Albuquerque Area Office, 505 Marquette Avenue NW., Suite
900--9th Floor, Albuquerque, New Mexico 87102-2158
U.S. EEOC Atlanta District Office, Sam Nunn Atlanta Federal Center,
100 Alabama Street SW., Suite 4R30, Atlanta, Georgia 30303
U.S. EEOC Baltimore Field Office, City Crescent Building, 10 South
Howard Street, 3rd Floor, Baltimore, Maryland 21201-2526
U.S. EEOC Birmingham District Office, Ridge Park Place, 1130 22nd
Street, Suite 2000, Birmingham, Alabama 35205
U.S. EEOC Boston Area Office, John F. Kennedy Fed Bldg., 475
Government Center, Boston, Massachusetts 02203
U.S. EEOC Buffalo Local Office, 6 Fountain Plaza, Suite 350,
Buffalo, New York 14202
U.S. EEOC Charlotte District Office, 129 West Trade Street, Suite
400, Charlotte, North Carolina 28202
U.S. EEOC Chicago District Office, 500 West Madison Street, Suite
2000, Chicago, Illinois 60661
U.S. EEOC Cincinnati Area Office, John W. Peck Fed. Office Bldg.,
550 Main Street, 10th Floor, Cincinnati, Ohio 45202
U.S. EEOC Cleveland Field Office, Anthony J. Celebrezze Fed. Bldg.,
1240 E. 9th Street, Suite 3001, Cleveland, Ohio 44199
U.S. EEOC Dallas District Office, 207 South Houston Street, 3rd
Floor, Dallas, Texas 75202-4726
U.S. EEOC Denver Field Office, 303 East 17th Avenue, Suite 510,
Denver, Colorado 80203
U.S. EEOC Detroit Field Office, Patrick V. McNamara Bldg., 477
Michigan Avenue, Room 865, Detroit, Michigan 48226-9704
U.S. EEOC El Paso Area Office, 300 E. Main Dr., Suite 500, El Paso,
Texas 79901
U.S. EEOC Fresno Local Office, 2300 Tulare Street, Suite 215,
Fresno, California 93727
U.S. EEOC Greensboro Local Office, 2303 W. Meadowview Road, Suite
201, Greensboro, North Carolina 27407
U.S. EEOC Greenvile Local Office, 301 North Main Street, Suite 1402,
Greenville, South Carolina 29601
U.S. EEOC Honolulu Local Office, 300 Ala Moana Boulevard, Room 7-
127, P.O. Box 50082, Honolulu, Hawaii 96850-0051
U.S. EEOC Houston District Office, Mickey Leland Bldg., 1919 Smith
Street, 6th Floor, Houston, Texas 77002
U.S. EEOC Indianapolis District Office, 101 West Ohio Street, Suite
1900, Indianapolis, Indiana 46204-4203
U.S. EEOC Jackson Area Office, Dr. A. H. McCoy Fed. Bldg., 100 West
Capitol Street, Suite 338, Jackson, Mississippi 39269
U.S. EEOC Kansas City Area Office, Gateway Tower II, 400 State
Avenue, Suite 905, Kansas City, Kansas 66101
U.S. EEOC Little Rock Area Office, 820 Louiaina Street, Suite 200,
Little Rock, Arkansas 72201
U.S. EEOC Los Angeles District Office, Roybal Fed. Bldg., 255 East
Temple Street, 4th Floor, Los Angeles, California 90012
U.S. EEOC Las Vegas Local Office, 333 Las Vegas Boulevard South,
Suite 8112, Las Vegas, Nevada 89101
U.S. EEOC Louisville Area Office, 600 Dr. Martin Luther King Jr.,
Place, Suite 268, Louisville, Kentucky 40202
U.S. EEOC Memphis District Office, 1407 Union Avenue, 9th Floor,
Memphis, Tennessee 38104
U.S. EEOC Miami District Office, 100 SE 2nd Street, Suite 1500,
Miami, Florida 33131
U.S. EEOC Milwaukee District Office, Reuss Fed. Plaza, 310 West
Wisconsin Avenue, Suite 500, Milwaukee, Wisconsin 53203-2292
[[Page 81137]]
U.S. EEOC Minneapolis Area Office, Towle Bldg., 330 South Second
Avenue, Suite 720, Minneapolis, Minnesota 55401-2224
U.S. EEOC Mobile Local Office, 63 South Royal Street, Suite 504,
Mobile, Alabama 36602
U.S. EEOC Nashville Area Office, 220 Athens Way, Suite 350,
Nashville, Tennessee 37228-9940
U.S. EEOC Newark Area Office, Two Gateway Center, Suite 1703, 283-
299 Market Street, Newark, New Jersey 07102
EEOC New Orleans District Office, Hale Boggs Fed. Bldg., 500 Poydras
Street, Suite 809, New Orleans, Louisiana 70130
U.S. EEOC New York District Office, 33 Whitehall Street, 5th Floor,
New York, New York 10004
U.S. EEOC Norfolk Local Office, Federal Building, Suite 739, 200
Granby Street, Norfolk, Virginia 23510
U.S. EEOC Oakland Local Office, 1301 Clay Street, Suite 1170-N,
Oakland, California 94612-5217
U.S. EEOC Oklahoma City Area Office, 215 Dean A McGee Avenue,
Oklahoma City, Oklahoma 73102
U.S. EEOC Philadelphia District Office, 801 Market Street, Suite
1300, Philadelphia, Pennsylvania 19107
U.S. EEOC Phoenix District Office, 3300 North Central Avenue, Suite
690, Phoenix, Arizona 85012-2504
U.S. EEOC Pittsburgh Area Office, William S. Moorhead Fed. Bldg.,
1001 Liberty Avenue, Suite 1112, Pittsburgh, Pennsylvania 15222-4187
U.S. EEOC Raleigh Area Office, 434 Fayetteville Street, Suite 700,
Raleigh, North Carolina 27601-1701
U.S. EEOC Richmond Local Office, 400 N. Eight Street, Suite 350,
Richmond, Virginia 23219
EEOC San Antonio Field Office, Legacy Oaks, Bldg. A, 5410
Fredericksburg Road, Suite 200, San Antonio, Texas 78229-3555
U.S. EEOC San Diego Local Office, 555 West Beech Street, Suite 504,
San Diego, California 92101
U.S. EEOC San Francisco District Office, 450 Golden Gate Avenue, 5
West, P.O. Box 36025, San Francisco, California 94102
U.S. EEOC San Jose Local Office, 96 North 3rd Street, Suite 250, San
Jose, California 95112
U.S. EEOC San Juan Local Office, 525 F.D. Roosevelt Avenue, Plaza
Las Americas, Suite 1202, San Juan, Puerto Rico 00918-8001
U.S. EEOC Savannah Local Office, 7391 Hodgson Memorial Drive, Suite
200, Savannah, Georgia 31406-2579
U.S. EEOC Seattle Field Office, Federal Office Building, 909 First
Avenue, Suite 400, Seattle, Washington 98104-1061
U.S. EEOC St. Louis District Office, Robert A. Young Building, 1222
Spruce Street, Room 8.100, St. Louis, Missouri 63103
U.S. EEOC Tampa Field Office, 501 East Polk Street, Suite 1000,
Tampa, Florida 33602
U.S. EEOC Washington Field Office, 131 M Street NE., Fourth Floor,
Suite 4NWO2F, Washington, DC 20507-0100
[FR Doc. 2016-27702 Filed 11-16-16; 8:45 am]
BILLING CODE 6570-01-P