Eeoc Form 131-A - Notice Of Charge Of Discrimination (Page 2 of 2) in pdf

Enclosure with EEOC

Form 131-A (11/09)

INFORMATION ON CHARGES OF DISCRIMINATION

EEOC RULES AND REGULATIONS

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.

NOTICE OF NON-RETALIATION REQUIREMENTS

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.

NOTICE REGARDING REPRESENTATION BY ATTORNEYS

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.

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