Civil Rights Center Discrimination Complaint Case Files.
None.
Civil Rights Center, OASAM, U.S. Department of Labor, Constitution
Avenue, N.W., Washington, DC 20210.
Individuals, classes of individuals, or representatives designated to
act on behave of individuals filing complaints against recipients of DOL
financial assistance, DOL conducted programs, or State or local governments
that exercise responsibilities, regulate, or administer services, programs, or
activities in all programs, services, and regulatory activities relating to
labor and the workforce alleging discrimination on the basis of race, color,
national origin, age, disability, sex, religion, citizenship, political
affiliation or belief, citizenship, participation in a Workforce Investment Act
(WIA) Title-I program or activity, and/or any basis covered by Executive Order
13160, or retaliation for having filed a discrimination complaint, furnishing
information, or assisting or participating in any manner in an investigation,
hearing or any other activity related to the administration of Federal law
requiring equal opportunity.
Complainants' statements of alleged discrimination, respondents'
statements, witnesses' statements, names and addresses of complainants and
respondents, personal, employment or program participation information, medical
records, conciliation and settlement agreements, related correspondence,
initial and final determinations, other records related to investigations of
discrimination complaints.
Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d
to 2000d-4; Sections 504 and 508(d) of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794(a) and 794(d); the Age Discrimination Act of 1975, as
amended, 42 U.S.C. 6102; Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. 1681; Section 645-255 of the Social Security Act, 42 U.S.C.
603(a)(5); Section 167 of the Job Training Partnership Act, as amended, 29
U.S.C. 1577; Section 188 of the Workforce Investment Act of 1998; 29 U.S.C.
2938, the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et
seq.; Executive Order 13160; Secretary's Order 4-2000; 29 CFR parts 31, 32,
33, 34, 36 and 37, and 28 CFR part 35.
To maintain records on individuals who have filed a complaint with, or
to investigate and resolve discrimination complaints filed with the Department
of Labor against (1) recipients of financial assistance from the Department,
(2) Department of Labor conducted programs or activities and (3) components of
State and local governments that exercise responsibilities, regulate, or
administer services, programs, or activities in all programs, services, and
regulatory activities relating to labor and the workforce.
Records that are relevant and necessary may be disclosed:
a. To the Equal Employment Opportunity Commission, Department
of Justice, Federal Mediation and Conciliation Service, when relevant to
matters within the jurisdiction of those agencies over a complaint, for
investigatory, conciliation, enforcement, or litigation purposes.
b. To organizations which are recipients of Federal financial
assistance and against whom complaints in an administrative or judicial
proceeding are filed to the extent necessary to effectively represent
themselves, provided that the privacy of persons not a party to the dispute is
protected.
c. To the Equal Employment Opportunity Commission, the
Department of Justice, the Department of Health and Human Services, and other
Federal entities having responsibility for processing and resolving complaints,
coordinating civil rights activities and/or preparing reports to Congress under
authorities indicated in this particular notice.
None.
These records are maintained in manual and automated files.
These records are retrieved by various combinations of office case
numbers, complainant's name, fiscal year, current status of complaint, state,
basis code, and program code.
Manual records are maintained in secured file cabinets or in restricted
areas, access to which is limited to authorized personnel. Automated files are
controlled by means of identification numbers and passwords.
Manual records are retained for a period of three years after the final
disposition of a complaint. They are then retired to the Federal Records Center
for two additional years, and then destroyed. Complaints are maintained in the
automated file for two years, after which they are stored on disc or tape for
three additional years and then destroyed by shredding.
Civil Rights Center, OASAM, U.S. Department of Labor, 200 Constitution
Avenue, N.W., Washington, DC 20210.
Pursuant to 29 CFR Part 71 individuals requesting information or
assistance, or making inquiries regarding the existence of records pertaining
to them should write the system manager at the address above. Inquiries should
include the name of the inquirer, complaint case number, approximate date of
filing, if the case number is unknown, name of respondent, last known status of
the complaint, and signature. When a request is submitted by mail, the
signature of the requester shall be notarized.
An individual or organization representing an individual(s), wishing to
gain access to these records shall follow the guidelines set forth under
notification procedures summarized above and Departmental regulations at 29 CFR
Part 71.
Individuals wishing to contest information in their files may, pursuant
to 29 CFR Part 71, write the system manager at the specified address above,
reasonably identifying the record pertaining to them, the information which is
being contested in that record, the corrective action(s) being sought, and the
reason(s) for the correction(s).
Individual complainants; respondent officials, employees, and
witnesses; interrogatories; recipient files and records; and physicians' and
other medical service providers' records.
In accordance with 5 U.S.C. 552a(k)(2), investigatory material in this
system of records compiled for law enforcement purposes is exempt from
subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f) of 5 U.S.C.
552a, provided however, that if any individual is denied any right, privilege,
or benefit that he or she would otherwise be entitled to by Federal law, or for
which he or she would otherwise be eligible, as a result of the maintenance of
these records, such material shall be provided to the individual, except to the
extent that the disclosure of such material would reveal the identity of a
source who furnished information to the Government under an express promise
that the identity of the source would be held in confidence, or prior to
January 1, 1975, under an implied promise that the identity of the source would
be held in confidence.
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