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U.S. Geological Survey Manual

370.713.2 - Discrimination Complaints

2/2/87

OPR: Director's Office/Equal Employment Office

The following discrimination complaint policy and procedures are based upon the Departmental Manual, its supplements, 29 CFR Part 1613 and FPM 713.

1. Policy.

A. Under the Equal Employment Opportunity Act of 1972 and subsequent EEO regulations and amendments, prompt, fair and impartial consideration must be given to complaints of discrimination on grounds of race, color, religion, sex, age, national origin, and physical or mental handicap. It is the responsibility of the Survey and the Department of the Interior to maintain an effective operation of the entire discrimination complaint processing system; the procedures for processing complaints of discrimination have been established to assure that all Survey employees or applicants have equal access to this system.

B. Employees or applicants, their representatives and witnesses, shall be free from restraint, interference, coercion, discrimination or reprisal at any stage in the presentation and processing of a complaint, including the counseling stage, or any time thereafter.

C. Employees and representatives who are Survey employees shall be provided a reasonable amount of official time for presenting complaints.

D. The Survey will cooperate with an aggrieved person who believes that he/she has been discriminated against by furnishing information requested regarding policies, regulations, and practices which are related to the complaint.

E. The Director, Office of Equal Opportunity for the Department of the Interior, reserves the right to assume jurisdiction of complaints which have exceeded acceptable processing time limits.

2. General.

A. Definitions. For the purpose of this chapter the following terms are defined accordingly:

(1) Survey refers to the United States Geological Survey.

(2) Director of EEO means the Director, Office of Equal Opportunity for the Department of the Interior.

(3) Bureau EEO Officer means the Equal Employment Opportunity Officer of the U.S. Geological Survey.

(4) Regional EEO Officer means the Equal Employment Opportunity Officer located in either Menlo Park, CA, Denver, CO, or Reston, VA, and directly responsible to the Bureau EEO Officer.

(5) EEOC or Commission means the Equal Employment Opportunity Commission.

(6) EEO complaint means an Equal Employment Opportunity complaint of discrimination on grounds of either, or a combination of, race, color, religion, sex, age, national origin, or physical or mental handicap.

B. Exclusions.

(1) The EEO complaints system does not cover general employee dissatisfactions or grievances reviewed under SM 370.771.1 or appeals of adverse actions reviewed under SM 370.752.2, where there is no connection with an allegation of discrimination because of race, color, religion, sex, age, national origin, or physical or mental handicap.

(2) Procedures for class action petitions filed by a group of employees, are covered separately as they are distinguishable from individual EEO complaints of discrimination. (See Appendix B)

(3) Complaints of discrimination based on age do not cover employees or applicants less than forty (40) years of age.

(4) Negotiated EEO complaint processing agreements with labor organizations are not addressed in this chapter.

3. Counseling.

A. An aggrieved person shall consult with an Equal Employment Opportunity Counselor designated to serve his/her division or any other available EEO Counselor within the Survey. To seek relief through the discrimination complaint process, such person shall consult an EEO Counselor before filing a formal complaint.

B. In processing informal complaints, EEO Counselors shall make whatever inquiry into the matter is believed necessary, try to resolve the matter on an informal basis, counsel the employee or applicant on the issues involved and keep a record of specific facts to be included in the EEO Counselor's report to the Regional EEO Officer if the employee files a formal complaint. The Regional EEO Officer shall provide technical guidance to the EEO Counselor throughout the process.

C. The EEO Counselor shall not reveal the identity of an aggrieved person throughout the counseling stage, unless that person has authorized the Counselor to do so by waiving his/her right of anonymity.

D. The EEO Counselor shall advise any individual who has been named or identified by an aggrieved person as an alleged discriminating official of the nature of the allegation and the right to be represented by a representative of his/her own choosing, provided the choice does not involve a conflict of interest.

E. EEO Counselors shall submit a monthly precomplaint counseling report and time report detailing all counseling activities to the Regional EEO Office for consolidation and forwarding to the Bureau EEO Officer by the end of each month (see Appendix C).

F. The EEO Counselor shall be free from restraint, coercion, discrimination, or reprisal in connection with the performance of these duties.

G. EEO Counselors shall be readily accessible to all Survey employees or applicants. Each region shall appoint one counselor for any separate installation with 50 or more employees, and enough counselors in large installations to allow one (1) for every 500 employees. Appendix E of this chapter shall be used in the selection, training and evaluation of EEO Counselors.

H. To operate effectively, the EEO Counselor should have the confidence of both management and employees. Therefore, an EEO Counselor shall not serve as a representative of an aggrieved employee or applicant; nor shall he/she appear as representative for, nor as advisor to, the complainant or management at a discrimination complaint hearing or otherwise.

I. EEO Counselors serving on a collateral-duty basis shall be allowed reasonable time to work exclusively on equal employment opportunity problems or complaints. Adequate physical space affording maximum privacy shall be provided EEO Counselors for use during counseling sessions. In the event counseling duties conflict with the EEO Counselor's regular job assignment, the EEO Counselor's supervisor shall bring the conflict to the attention of the Regional EEO Officer for resolution. The Regional EEO Officer shall be responsible for assuring that EEO Counselors perform their duties in a proper and timely manner.

J. Maximum emphasis shall be placed on the resolution of discrimination complaints. Management officials shall cooperate with the EEO Counselor in achieving a reasonable and just resolution to an informal complaint. If informal resolution is not possible, the complainant shall be advised of his/her rights to file a formal complaint.

4. Presentation of Individual Complaints.

A. Time Limits Informal Stage.

(1) The complainant shall bring the matter causing him/her to believe he/she was discriminated against to the attention of the EEO Counselor within thirty (30) calendar days of the alleged discrimination incident, or if about a personnel action, within thirty (30) calendar days of its effective date.

(2) The EEO Counselor shall, insofar as practicable, conduct the final interview with the complainant not later than twenty-one (21) calendar days after the date on which the matter was called to the Counselor's attention by the complainant. If the final interview is not concluded within twenty-one (21) days, and the EEO Counselor feels a resolution is imminent, the complainant shall be provided a notice of right to file a formal complaint of discrimination (Appendix D, p. D-6). The notice shall inform the complainant of the right to file a formal complaint at any time up to fifteen (15) calendar days after receipt of the final interview notice; the notice of final interview should be provided within sixty (60) calendar days from the date of contact. The counselor shall not discourage or encourage the complainant from filing a formal complaint.

(3) If a resolution is reached between the complainant and management, the terms of the agreement will be reduced to writing with a copy of the signed informal resolution agreement to the complainant and management official(s) (Appendix D, p. D-13).

(4) The complainant or his/her representative shall submit a written formal complaint (signed by the complainant) to an appropriate official shown on the final interview notice (Appendix D, p. D-7). Complaints may be submitted on the Formal Complaint of Discrimination Form (Appendix D, p. D-3), or the equivalent; this form and instruction can be reproduced locally, or obtained through the Regional EEO Office. The EEO Counselor or an EEO Official will assist the complainant in filling out his/her Formal Complaint of Discrimination upon request. The formal complaint shall be submitted to either the Bureau EEO Officer, Federal Women's Program Manager, Director of Equal Employment Opportunity, or Secretary of the Interior. It is recommended that the complaint be submitted through the Regional EEO Officer in order to avoid delays and assure timely processing.

(5) A complaint shall be deemed filed formal on the date it is received by the above officials (postmarked date if by mail).

B. Time Limits Formal Stage.

(1) The Regional EEO Officer will acknowledge receipt of the complaint (Appendix D-8) within two (2) calendar days of its receipt, but only after reviewing the Formal Complaint of Discrimination to assure pertinent information is provided; that the discrimination issues or incidents are clearly defined and no new issues are cited on which the complainant has not been counseled; a Counselor's Report will be obtained from the EEO Counselor to assist in this review. A copy of the Counselor's Report shall be provided the complainant after the written formal complaint has been filed and reviewed. The Regional EEO Officer shall transmit to the Bureau EEO Officer within three (3) calendar days of its receipt, the original and three (3) copies of the following items:

(a) Original copy of the Counselor's Report.

(b) Notice of right to file complaint.

(c) Notice of final interview.

(d) Notice of receipt of discrimination complaint.

(e) Formal Complaint of Discrimination (date stamped).

(f) Account number to charge cost of investigation.

(g) Any other complaint related material (e.g., memoranda, appraisals, SF 52 etc.).

(h) Memoranda of reason for delays (see paragraph 5A).

(i) If applicable, designation of representative by complainant in writing.

Note: Items 1, 2, 3, and 4 shall include the acknowledgement of receipt signature of complainant or representative (Appendix D). A copy of all the above items will be retained by the transmitting office to safeguard against being lost in transit.

(2) Upon receipt of the written formal complaint, the Bureau EEO Officer shall verify the following:

(a) Informal complaint processing procedures have been accomplished;

(b) The complaint is timely and falls within purview of an equal employment opportunity complaint (29 CFR 1613.121);

(c) The complaint does not set forth identical matters as contained in a previous complaint filed by the same complainant;

(d) Whether any other related complaint(s) had occurred in the organizational element(s) involved;

(e) Whether any other complaint(s) had been lodged against the alleged discriminating official(s);

(f) The complainant and alleged discriminating official have been notified that the case is being forwarded to the Director of EEO for processing; and

(g) Up-to-date employment statistics for the organization(s) concerned are available for use by an investigator.

(3) The Bureau EEO Officer shall transmit to the Director of EEO within five (5) calendar days of its receipt, the complaint file and recommendations of acceptance, rejection, or cancellation for failure to prosecute. If a decision of rejection or cancellation is made by the Director of EEO, the complainant shall be in formed by the Director of EEO of the right to appeal the decision to the Equal Employment Opportunity Commission within fifteen (15) calendar days after receipt of the rejection notice, or file a civil action within thirty (30) calendar days.

(4) The Director of EEO is responsible for prompt prosecution of the formal complaint, and shall assign an investigator to:

(a) Investigate all aspects of the complaint;

(b) Require cooperation from all employees of the agency during the investigation;

(c) Require testimony of employees to be under oath, or affirmation without pledge of confidence; and

(d) Prepare an investigative report.

(5) The Department's EEO Complaints Investigative Branch shall transmit to the complainant and Bureau EEO Officer, one copy each of the Investigative Report.

(6) After the complainant and/or representative and/or Bureau EEO Officer and/or appropriate EEO officials have reviewed the investigative file, but within twenty (20) calendar days of its receipt by the Bureau EEO Officer, the complainant and/or representative will be provided an opportunity to discuss the file with the Bureau EEO Officer or appropriate activity EEO Officials. During this discussion, an attempt will be made to arrive at an adjustment to the complaint that is mutually agreeable to the complainant and management. If agreement is reached, the terms of the adjustment will be reduced to writing and made a part of the complaint file, with a copy of the terms of the adjustment, signed by both parties, to the complainant and alleged discriminating official(s) (Appendix D, p. D-13).

If management does not carry out, or rescinds, any action specified by the terms of the resolution for any reason not attributable to acts or conduct of the complainant, the Bureau EEO Officer will, upon the complainant's written request, reinstate the complaint for further processing.

(7) If an adjustment of the complaint is not arrived at, the complainant and any alleged discriminating official shall be notified by the Bureau EEO Officer in writing of the proposed disposition of the complaints within thirty (30) calendar days after receipt of the Investigative File, and of the complainant's right to request the following within fifteen (15) calendar days of receipt of the disposition:

(a) A hearing by a Complaints Examiner designated by the Equal Employment Opportunity Commission with subsequent decision by the Director of Equal Employment Opportunity; or

(b) Review and decision by the Director of Equal Employment Opportunity on the basis of the record as it stands.

(8) The Bureau EEO Officer shall transmit a copy of the proposed disposition to the Director for EEO upon issuance to the complainant but not later than forty-five (45) calendar days of the receipt of the investigative file.

If the proposed disposition is not accepted or subject to appeal, a cover memorandum will be included providing the following information: (1) the name, title and address of the individual to whom the billing of costs will be made in connection with a hearing and preparation of the recommended decision by the complaints examiner, as well as the appropriate fund citation and (2) the name, title, address and telephone number of the Bureau's representative for a hearing.

(9) If the complainant wishes to withdraw at any time during the processing of the formal complaint, a Statement of Withdrawal will be made available for his/her signature (Appendix D, p. D-12). Should a complainant withdraw, the statement will be forwarded to the Director of EEO with a request by the Bureau EEO Officer that the case be closed.

(10) If the complainant fails to respond to the notice of proposed disposition and appeal rights within fifteen (15) calendar days of receipt, the final decision will be made by the Director of EEO. A notice of that decision will be furnished the complainant and his/her representative.

(11) If the complainant is dissatisfied with the proposed disposition and requests a hearing within fifteen (15) calendar days of receipt, the Director of EEO shall arrange for a hearing in accordance with 29 CFR 1613.218. The Bureau EEO Officer shall provide a copy of the complaint file and investigative report to the Bureau's representative for the hearing. Full logistical support shall be provided by the Bureau EEO Office to the complaints examiner, including provisions of hearing rooms, arrangement for appearance of witnesses, recording and transcription services and reproduction of documents.

(12) The complaints examiner shall transmit to the Director of EEO the transcript of the hearing, findings and analysis, and recommended decision including remedial action where appropriate.

(13) The decision for the Secretary of the Interior shall be rendered by the Director of EEO and shall be issued within thirty (30) calendar days of the Director of EEO's receipt of the complaints examiner's recommended decision finding discrimination, or within thirty (30) calendar days of the complainant's request for a decision without a hearing. The decision of the Department shall be transmitted by letter to the complainant and his/her representative. The complaints examiner's report, recommended decision and hearing transcript will accompany the decision letter when there has been a hearing. If the Director of EEO rejects or modifies the decision recommended by the complaints examiner, he/she shall set forth in writing, as part of the decision, his/her reasons for rejections or modifications. If discrimination is found, the Director shall require remedial action to be taken, shall review the matter giving rise to the complaint to deter mine whether disciplinary action against alleged discriminating official(s) is appropriate, and shall record the basis for his/her decision to require, or not require, disciplinary action. This decision shall not be included in the complaint file. The Director's Letter of Decision shall inform the complainant of his/her right of appeal to the Office of Appeals and Review, Equal Employment Opportunity Commission, within fifteen (15) calendar days of receipt of the decision letter or to file a civil action within thirty (30) calendar days of receipt of the decision letter.

(14) When the complaints examiner has submitted a recommended decision finding discrimination and the Director of EEO has not issued a final decision within 180 calendar days after the date the complaint was formally filed, the complaint examiner's recommended decision shall become a final decision binding upon the Department of the Interior thirty (30) calendar days after its receipt by the Director of EEO. In such event, the Director of EEO will notify the complainant of the decision and of the rights of appeal or civil action and furnish him/her a copy of the finding, analysis, recommended decision, and hearing transcript.

(15) The Director of EEO shall provide cited alleged discriminating official(s) (ADO) a copy of the final decision on the complaint. The alleged discriminating official(s) shall be given access to the entire complaint file (censored-privacy act) only if a finding of discrimination is rendered. If disciplinary action against the alleged discriminating official(s) is proposed the entire complaint file (uncensored) will be made available.

(16) Should the complainant choose to appeal the Departmental decision and does so within twenty (20) calendar days of receipt of that decision, the Office of Appeals and Review will review the complaint file and all relevant written presentations made to the Office. There is no right of a hearing before the Office. The Office will issue a written decision setting forth the rationale for the decision and will provide copies thereof to the complainant, his/her representative, and the Department. The Director of EEO shall provide a copy of the Office's decision to the alleged discriminatory official(s).

The decision of the Office is the final administrative judgement under Title VII and so shall advise the complainant of the right to file a civil action within thirty (30) calendar days of receipt of the Office's decision.

5. Avoidance Of Delay. The complainant and EEO Office(s) shall process the complaint without undue delay so that the complaint is resolved within 180 calendar days after it was formally filed, including time spent in the processing of the complaint by the complaints examiner.

A. The Regional EEO Officer shall include as part of the complaint file an explanation for processing delays to include:

(1) Counseling which exceeded twenty one (21) calendar days.

(2) Final counseling interviews that exceeded sixty (60) calendar days of the date of contact.

(3) Acknowledgement of receipt of the formal complaint of discrimination which exceeded two (2) calendar days from the date of its receipt.

(4) Transmission of the written formal complaint and pertinent documents to the Bureau EEO Officer which exceeded three (3) calendar days from the date of its receipt.

B. The Bureau EEO Officer shall include as part of the complaint file an explanation for processing delays to include:

(1) Delay in transmitting to the Director of EEO the complaint file within eight (8) calendar days of receipt of the formal complaint.

(2) Failure to attempt resolution in an informal adjustment with the complainant within twenty (20) calendar days of receipt of an investigative file.

(3) Delay in issuing a proposed disposition within thirty (30) days of receipt of the investigative file.

6. Right of Appeal. The decision of the Director of EEO to reject or cancel a complaint, or a portion thereof, shall entitle the complainant the right of appeal to the Equal Employment Opportunity Commission's Office of Appeals and Review. The complainant shall file his/her appeal in writing, either personally or by mail with the Director, Office of Appeals and Review, Equal Employment Opportunity Commission, 2401 E Street, N.W., Washington D.C. 20056.

7. Right to File a Civil Action.

A. Statutory Right. An employee or applicant is authorized by Section 717(c) of the Civil Rights Act, as amended (84 Stat. 112) to file a Civil Action in an appropriate United States District Court.

(1) Within thirty (30) calendar days of his/her receipt of notice of final action taken by the Department of the Interior on a complaint.

(2) After 180 calendar days from the date of filing a complaint with an appropriate Department of the Interior official and no decision has been rendered.

(3) Within thirty (30) calendar days from the date of his/her receipt of notice of final action taken by the Equal Employment Opportunity Commission on his/her complaint, or

(4) After 180 calendar days from the date of filing an appeal with the Equal Employment Opportunity Commission if there has been no final decision.

B. Age Discrimination in Employment Act of 1967 (ADEA), P.L.93-259 (Section 15). An employee or applicant who is at least 40 years of age may file a civil action directly with the Federal district courts after giving the Equal Employment Opportunity Commission thirty (30) days notice. This notice to the Commission must be filed within 180 days after the alleged discriminatory act occurred.

C. Notice of Right. The notice to an employee or applicant of any final action on a complaint under this chapter, shall include advice of the right to file a civil action, and of the thirty (30) calendar day time limit for filing. The Equal Employment Opportunity Commission shall notify an employee or applicant of his/her right to file a civil action, and the thirty (30) calendar day time limit for filing, in any decision issued on an appeal to the Office of Appeals and Review.

D. Effect on Administrative Processing. The filing of a civil action by an employee or applicant does not terminate Bureau or Departmental processing of a complaint or Commission's processing of an appeal.

8. Remedial Actions. Equal Employment Opportunity Commission Regulation 29 CRF 1613.271 will be cited as the authority under which appointments or awards of back pay shall be made in remedial actions involving an applicant, or employee when a finding of discrimination has been rendered.

A. Remedial Action Involving an Applicant.

(1) When there is a finding that an applicant for employment has been discriminated against, the Bureau shall offer the applicant employment of the type and grade denied him or her, unless the record contains clear and convincing evidence that the applicant would not have been hired even absent discrimination.

(2) When there is a finding that discrimination existed at the time the applicant was considered for employment but also finds clear and convincing evidence that the applicant would not have been hired even absent discrimination, the Bureau nevertheless shall consider the individual for an existing or next vacancy of the type and grade for which he or she was considered initially and is qualified before considering other candidates.

(3) Remedial action proposed shall be made in writing. The individual shall have fifteen (15) calendar days from receipt of the offer within which to accept or decline the offer. Failure to notify the appropriate official of his/her decision within the fifteen (15) day period will be considered a declination of the offer, unless the individual can show that circumstances beyond his/her control prevented him/her from responding within the time limit.

B. Remedial Action Involving an Employee. When there is a finding that an employee of the Bureau was discriminated against, the Bureau shall take remedial actions which shall include one or more of the following, but need not be limited to these actions:

(1) Retroactive promotion, with backpay computed in the same manner prescribed by 5 CFR 550.804, unless the record contains clear and convincing evidence that the employee would not have been promoted or employed at a higher grade, even absent discrimination. The backpay liability may not accrue from a date earlier than 2 years prior to the date the discrimination complaint was filed, but, in any event, not to exceed the date the employee would have been promoted.

(2) Consideration for promotion to a position for which the employee is qualified before consideration is given to other candidates, if the record contains clear and convincing evidence that, although discrimination existed at the time selection for promotion was made, the employee would not have been promoted even absent discrimination.

(3) Cancellation of an unwarranted personnel action and restoration of an employee.

(4) Expunction from the Bureau's personnel records, or otherwise, any reference to or any record of unwarranted disciplinary action that is not a personnel action.

(5) Full opportunity to participate in the employee benefits denied the employee; for example, training, preferential work assignments, overtime scheduling.

9. Freedom From Reprisal. A complainant, his/her representative, or witness who alleges restraint, interference, coercion, discrimination, or reprisal in connection with the presentation of a complaint may choose between two review procedures as defined in (1) below in filing his/her charge. Charges of reprisal reviewed under paragraph (1)(b) of this section must be presented to an EEO Official within fifteen (15) calendar days of the alleged occurrence.

A. Review Procedures.

(1) Allegation reviewed as an individual complaint of discrimination as defined in paragraph 4 of this chapter.

(2) Allegation reviewed by the Director of EEO - "expedited inquiry". The Director shall undertake an appropriate inquiry into such a charge and shall forward to the Equal Employment Opportunity Commission within fifteen (15) calendar days of the date of its receipt a copy of the charge and report of action taken. The Director shall also provide the charging party and ADO with a copy of the report of action taken. When the Director has not completed an appropriate inquiry within fifteen (15) calendar days after the receipt of such a charge, the charging party may submit a written statement with all pertinent facts to the Equal Employment Opportunity Commission, and the Commission shall require the Department of the Interior to take whatever action is appropriate.

B. Post Investigation Review. When a complainant, after completion of the investigation of his/her complaint and proposed disposition by the Bureau EEO Officer, requests a hearing and in connection with that complaint alleges restraint, interference, coercion, discrimination, or reprisal, the complaints examiner assigned by the Equal Employment Opportunity Commission to hold the hearing shall consider the allegations as an issue in the complaint at hand or refer the matter to the Department of the Interior for further processing under the procedure chosen by the complainant pursuant to (1) above.

10. Relationship to Other Appellate Procedures.

A. Allegations of Discrimination in Employee Grievances (5 CFR 771). In all instances where an employee makes an allegation of discrimination because of race, color, religion, sex, age, national origin, or physical or mental handicap in connection with a grievance being processed under SM 370.771.1, the processing of the grievance shall be held in abeyance and the matter referred to the Equal Employment Opportunity Officer for action. If the issue, or incident is timely, the complainant will be assigned to an EEO Counselor. If the Counselor is able to resolve the discrimination issue but the complainant still wishes to pursue the substance of his/her grievance, the Personnel Office should be notified that the processing of the grievance may be resumed. If the discrimination issue is not resolved, the complaint will be processed in accordance with SM 370.713.2.

B. Allegations of Discrimination in Appeals from Adverse Actions (5 CFR 1201). When an employee alleges, in connection with an appeal of a removal, suspension, or demotion, that the decision was based in whole or in part on discrimination the issue will be processed under the procedures set forth in this chapter, but if the Director of EEO has issued the final decision and the employee is dissatisfied, within 20 calendar days of receipt, the employee may petition for appeal the aforementioned adverse actions to the Merit Systems Protection Board (MSPB), or if the discrimination issued is not resolved within 120 calendar days. An employee may not directly appeal such cases to the Equal Employment Opportunity Commission (EEOC); however, an employee may petition EEOC to review the MSPB decision. Other steps, as regulated by 5 CFR part 1201, Subpart D, would be followed if EEOC and MSPB do not agree.

11. Complaint File.

A. The Bureau Equal Employment Opportunity Officer shall be responsible for establishing a complaint file. All documents pertinent to the complaint will be transmitted to the Director of EEO who shall establish and maintain the official complaint file. The Regional EEO Officers will be responsible for transmitting to the Bureau EEO Officer the original and three (3) copies of every document generated or received in connection with a complaint.

(1) The complaint file shall not contain any document that has not been made available to the complainant, nor any medical information that does not comply with requirements of 5 CFR 294.401.

(2) The use of certain official information contained in the complaint file for the purpose of furthering a private interest is prohibited (5 CFR 735.206).

(3) The Privacy Act of 1974 permits access to the complaint file by only those EEO Officials (Officers, Specialists, and Counselors) who maintain the records and have a need for the record in the performance of their duties (5 USC Section 552a). Information contained in the complaint file shall be maintained in a manner which prevents unwarranted intrusions upon individual privacy.

B. Retention of the official complaint file and its related correspondence, reports, exhibits, withdrawal notices, copies of decisions, records of hearings and meetings, and other records as described by 29 CFR 1613.222, shall be the responsibility of the Director of EEO. Retention of duplicate records by the Bureau and Regional EEO Officers shall be based on the following EEO dispositions standards established by the General Services Administration for Civilian Personnel Records (FPMR 101-11.4, March 30, 1977):

Description of Records-

(1) Official Discrimination Complaint Files:

(a) Cases resolved within the agency.

(b) Cases resolved by the Equal Employment Opportunity Commission or a U.S. Court.

Authorized Disposition - For (a) above: Destroy 4 years after resolution of case.

For (b) above: Files are controlled by Equal Employment Opportunity Commission records schedule.

(2) Copies of Complaint Case Files: Duplicate case files or documents pertaining to case files retained in Official File Discrimination Complaint Case Files.

Authorized Disposition - Destroy 1 year after resolution of case.

(3) Background Files: Background files not filed in the Official Discrimination Complaint Case Files (e.g., work notes etc., that are not a part of the file).

Authorized Disposition - Destroy 2 years after final resolution of case.


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