[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1611.13]

[Page 249]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1611--PRIVACY ACT REGULATIONS--Table of Contents
 
Sec. 1611.13  Specific Exemptions-Charge and complaint files

    Pursuant to subsection (k)(2) of the Act, 5 U.S.C. 552a(k)(2), 
systems EEOC-1 (Age and Equal Pay Act Discrimination Case Files), EEOC-3 
(Title VII and Americans with Disabilities Act Discrimination Case 
Files), EEOC-15 (Internal Harassment Inquiries) and EEOC/GOVT-1 (Equal 
Employment Opportunity Complaint Records and Appeal Records) are exempt 
from subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
and (f) of the Privacy Act. The Commission has determined to exempt 
these systems from the above named provisions of the Privacy Act for the 
following reasons:
    (a) The files in these systems contain information obtained by the 
Commission and other Federal agencies in the course of harassment 
inquiries, and investigations of charges and complaints that violations 
of Title VII of the Civil Rights Act, the Age Discrimination in 
Employment Act, the Equal Pay Act, the Americans With Disabilities Act 
and the Rehabilitation Act have occurred. In some instances, EEOC and 
agencies obtain information regarding unlawful employment practices 
other than those complained of by the individual who is the subject of 
the file. It would impede the law enforcement activities of the 
Commission and other agencies if these provisions of the Act applied to 
such records.
    (b) The subject individuals of the files in these systems know that 
the Commission or their employing agencies are maintaining a file on 
their charge, complaint, or inquiry, and the general nature of the 
information contained in it.
    (c) Subject individuals of the files in EEOC-1 (Age and Equal Pay 
Act Discrimination Case Files), EEOC-3 (Title VII and Americans with 
Disabilities Act Discrimination Case Files, and EEOC/GOVT-1 (Equal 
Employment Opportunity Complaint Records and Appeal Records) have been 
provided a means of access to their records by the Freedom of 
Information Act. Subject individuals of the charge files in system EEOC-
3 have also been provided a means of access to their records by section 
83 of the Commission's Compliance Manual. Subject individuals of the 
case files in system EEOC/GOVT-1 have also been provided a means of 
access to their records by the Commission's Equal Employment Opportunity 
in the Federal Government regulation, 29 CFR 1614.108(f).
    (d) Many of the records contained in system EEOC/GOVT-1 are obtained 
from other systems of records. If such records are incorrect, it would 
be more appropriate for an individual to seek to amend or correct those 
records in their primary filing location so that notice of the 
correction can be given to all recipients of that information.
    (e) Subject individuals of the files in each of these systems have 
access to relevant information provided by the allegedly discriminating 
employer, accuser or harasser as part of the investigatory process and 
are given the opportunity to explain or contradict such information and 
to submit any responsive evidence of their own. To allow such 
individuals the additional right to amend or correct the records 
submitted by the allegedly discriminatory employer, accuser or harasser 
would undermine the investigative process and destroy the integrity of 
the administrative record.
    (f) The Commission has determined that the exemption of these four 
systems of records from subsections (c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I) and (f) of the Privacy Act is necessary for the 
agency's law enforcement efforts.

[67 FR 72373, Dec. 5, 2002]