[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1602.21]

[Page 177-178]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1602_RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII AND THE ADA--Table of Contents
 
                 Subpart E_Apprenticeship Recordkeeping
 
Sec. 1602.21  Preservation of records made or kept.

    (a) Notwithstanding the provisions of section 1602.14, every person 
subject to Sec. 1602.20 (b) or (c) shall preserve the list of 
applicants or application forms, as the case may be, for a period of 2 
years from the date the application was received, except that in those 
instances where an annual report is required by the Commission calling 
for statistics as to the sex, and the race, color, or national origin of 
apprentices, the person required to file the report shall preserve the 
list and forms for a period of 2 years or the period of a successful 
applicant's apprenticeship, whichever is longer. Persons required to 
file Report EEO-2, or other reports calling for information about the 
operation of an apprenticeship program similar to that required on 
Report EEO-2, shall preserve any other record made solely for the 
purpose of completing such reports for a period of 1 year from the due 
date thereof.
    (b) Other records: Except to the extent inconsistent with the law or 
regulation of any State or local fair employment practices agency, or of 
any other Federal or State agency involved in the enforcement of an 
antidiscrimination program in apprenticeship, other records relating to 
apprenticeship made or kept by a person required to file Report EEO-2, 
including but not necessarily limited to requests for reasonable 
accommodation, test papers

[[Page 178]]

completed by applicants for apprenticeship and records of interviews 
with applicants, shall be kept for a period of 2 years from the date of 
the making of the record. Where a charge of discrimination has been 
filed, or an action brought by the Attorney General under title VII, or 
the ADA the respondent shall preserve all records relevant to the charge 
or action until final disposion of the charge or the action. The term 
``records relevant to the charge,'' for example, would include 
applications, forms or test papers completed by an unsuccessful 
applicant and by all other candidates for the same position as that for 
which the charging party applied and was rejected. The date of ``final 
disposition of the charge or the action'' means the date of expiration 
of the statutory period within which a charging party may bring an 
action in a U.S. District Court or, where an action is brought either by 
a charging party or by the Attorney General, the date on which such 
litigation is terminated.

[32 FR 10660, July 20, 1967, as amended at 56 FR 35755, July 26, 1991]