[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: 29CFR1602.49]

[Page 184-185]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1602_RECORDKEEPING AND REPORTING REQUIREMENTS UNDER TITLE VII AND THE ADA--Table of Contents
 
      Subpart O_Recordkeeping for Institutions of Higher Education
 
Sec. 1602.49  Preservation of records made or kept.

    (a) Any personnel or employment record (including but not 
necessarily limited to requests for reasonable accommodation, 
application forms submitted by applicants and other records having to do 
with hiring, promotion, tenure, demotion, transfer, layoff, or 
termination, rates of pay or other terms of compensation, and selection 
for training) made or kept by an institution of higher education shall 
be preserved by such institution of higher education for a period of two 
years from the date of the making of the personnel action or record 
involved, whichever occurs later. In the case of the involuntary 
termination of an employee, the personnel records of the individual 
terminated shall be kept for a period of two years from the date of 
termination. Where a charge of discrimination has been filed, or a civil 
action brought against an institution of higher education by the 
Commission or the Attorney General, the respondent shall preserve 
similarly at the central administrative office of the institution of 
higher education, at the central office of a separate campus or branch, 
or at the individual school which is the subject of the charge or 
action, where more convenient, all personnel records relevant to the 
charge or action until final disposition thereof. The term ``personnel 
records relevant to the charge,'' for example, would include personnel 
or employment records relating to the person claiming to be aggrieved 
and to all other employees holding positions similar to that held or 
sought by the person claiming to be aggrieved; it would also include 
application forms or test papers completed by an unsuccessful applicant 
and by all other candidates for the same position as that for which the 
person claiming to be aggrieved applied and was rejected. The date of 
``final disposition of the charge or the action'' means the date of 
expiration of the statutory period within which a person claiming to be 
aggrieved may bring an action in the United States District Court, or, 
where an action is brought against an institution of higher education by 
a person claiming to be aggrieved, the Commission, or the Attorney 
General, the date on which such litigation is terminated.
    (b) The requirements of paragraph (a) of this section shall not 
apply to application forms and other preemployment records of non-
student applicants for

[[Page 185]]

positions known to non-student applicants to be of a temporary or 
seasonal nature.

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

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