Eeoc Form 131-A - Notice Of Charge Of Discrimination Page 2


Enclosure with EEOC
Form 131-A (11/09)
Section 1601.15 of EEOC's regulations provides that persons or organizations charged with employment
discrimination may submit a statement of position or evidence regarding the issues covered by this charge.
EEOC's recordkeeping and reporting requirements are found at Title 29, Code of Federal Regulations (29 CFR):
29 CFR Part 1602 (see particularly Sec. 1602.14 below) for Title VII and the ADA; 29 CFR Part 1620 for the EPA;
and 29 CFR Part 1627, for the ADEA. These regulations generally require respondents to preserve payroll and
personnel records relevant to a charge of discrimination until disposition of the charge or litigation relating to the
charge. (For ADEA charges, this notice is the written requirement described in Part 1627, Sec. 1627.3(b)(3), .4(a)(2)
or .5(c), for respondents to preserve records relevant to the charge – the records to be retained, and for
how long, are as described in Sec. 1602.14, as set out below). Parts 1602, 1620 and 1627 also prescribe record
retention periods – generally, three years for basic payroll records and one year for personnel records. Questions
about retention periods and the types of records to be retained should be resolved by referring to the regulations.
Section 1602.14 Preservation of records made or kept. . . . . Where a charge ... has been filed, or an action
brought by the Commission or the Attorney General, against an employer under Title VII or the ADA, the
respondent ... shall preserve all personnel records relevant to the charge or the action until final disposition of the
charge or action. The term personnel records relevant to the charge, for example, would include personnel or
employment records relating to the aggrieved person and to all other aggrieved employees holding positions
similar to that held or sought by the aggrieved person and application forms or test papers completed by an
unsuccessful applicant and by all other candidates or the same position as that for which the aggrieved person
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 the aggrieved person may bring [a lawsuit] or, where an action is brought against an
employer either by the aggrieved person, the Commission, or the Attorney General, the date on which such litigation
is terminated.
Section 704(a) of Title VII, Section 207(f) of GINA, Section 4(d) of the ADEA, and Section 503(a) of the ADA provide
that it is an unlawful employment practice for an employer to discriminate against present or former employees or
job applicants, for an employment agency to discriminate against any individual, or for a union to discriminate
against its members or applicants for membership, because they have opposed any practice made an unlawful
employment practice by the statutes, or because they have made a charge, testified, assisted, or participated in any
manner in an investigation, proceeding, or hearing under the statutes. The Equal Pay Act contains similar
provisions. Additionally, Section 503(b) of the ADA prohibits coercion, intimidation, threats, or interference with
anyone because they have exercised or enjoyed, or aided or encouraged others in their exercise or enjoyment, of
rights under the Act.
Persons filing charges of discrimination are advised of these Non-Retaliation Requirements and are instructed to
notify EEOC if any attempt at retaliation is made. Please note that the Civil Rights Act of 1991 provides substantial
additional monetary provisions to remedy instances of retaliation or other discrimination, including, for
example, to remedy the emotional harm caused by on-the-job harassment.
Although you do not have to be represented by an attorney while we handle this charge, you have a right, and
may wish to retain an attorney to represent you. If you do retain an attorney, please give us your attorney's name,
address and phone number, and ask your attorney to write us confirming such representation.


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