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Privacy Act Systems - DOL/OASAM-22

SYSTEM NAME:

    Civil Rights Center Discrimination Complaint Case Files.

SECURITY CLASSIFICATION:

    None.

SYSTEM LOCATION:

    1. Civil Rights Center, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210.
    2. Office of the Solicitor, U.S. Department of labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210; and regional offices of the Solicitor.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Individuals, classes of individuals, or representatives designated to act on behalf of individuals, who file complaints against recipients of Department financial assistance, Department conducted programs, or State or local governments that exercise responsibilities, regulate, or administer services, programs, or activities in programs, services, and regulatory activities relating to labor and the workforce in order to enforce Federal law requiring nondiscrimination and equal opportunity.

CATEGORIES OF RECORDS IN THE SYSTEM:

    Complainantsí statements of alleged discrimination; respondentsí statements; witnessesí statements; names and addresses of complainants and respondents; personal, employment, or program participation information; medical records; conciliation and settlement agreements; related correspondence; initial and final determinations; other records related to investigations of discrimination complaints.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d to 2000d-4; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794; Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681-1688; the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.; Section 188 of the Workforce Investment Act of 1998, 29 U.S.C. 2938; Title II, Subpart A, of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12131 et seq.; Executive Orders 13160 and 13166; Secretaryís Order 4-2000; 29 CFR parts 31, 32, 33, 35, 36 and 37, and 28 CFR part 35.

PURPOSE(S):

    These records are used to process, investigate and resolve discrimination complaints filed with the Department against (a) recipients of financial assistance from the Department, and in certain circumstances, from other federal departments and agencies; (b) Department conducted programs or activities; and (c) components of State and local governments that exercise responsibilities, regulate, or administer services, programs, or activities in all programs, services, and regulatory activities relating to labor and the workforce.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    In addition to the universal routine uses listed in the General Prefatory Statement to this document, records that are relevant and necessary may be disclosed as follows:

    1. To the Equal Employment Opportunity Commission, Department of Justice, and Federal Mediation and Conciliation Service, when relevant to matters within the jurisdiction of those agencies over a complaint, for investigatory, conciliation, enforcement, or litigation purposes.
    2. To organizations (and their employees) which are recipients of Federal financial assistance and against whom complaints in an administrative or judicial proceeding are filed to the extent necessary to effectively represent themselves, provided that the privacy of persons not a party to the dispute is protected.
    3. To relevant witnesses so that they may be given access to information and documents in the correspondence files and the investigative file where the investigator determines that the disclosure of information or documents is necessary to obtain information from the witness.
    4. To the Equal Employment Opportunity Commission, the Department of Justice, the Department of Health and Human Services, and other Federal entities having responsibility for coordinating civil rights activities and/or preparing reports to Congress under authorities indicated in this particular notice.

DISCLOSURE TO CONSUMER REPORTING AGENCIES

    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

    Files are stored electronically and/or on paper.

RETRIEVABILITY:

    These records are retrieved by various combinations of office case numbers, complainantís name, fiscal year, current status of complaint, State, basis code, and program code.

SAFEGUARDS:

    Access by authorized personnel only. Computer security safeguards are used for electronically stored data and locked locations for paper files.

RETENTION AND DISPOSAL:

    Records in this system are destroyed after one to four years. (N1 GRS 92 3 item 25c2).

SYSTEM MANAGER(S) AND ADDRESS:

    Director,Civil Rights Center, OASAM, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210.

NOTIFICATION PROCEDURE:

    An individual wishing to inquire whether this system of records contains non-exempt information about himself/herself should contact the System Manager. Individuals must furnish in writing the following information for their records to be located and identified: Full name and address; signature; complaint case number; and approximate date of filing. If the case number is unknown, inquiries should include the name of respondent; and last known status of the complaint.

RECORD ACCESS PROCEDURES:

    Individuals wishing to request access to records pertaining to them should contact the System Manager as indicated in the Notification Procedure section above.

CONTESTING RECORD PROCEDURES:

    A petition for amendment shall be addressed to the System Manager and must meet the requirements of the Departmentís Privacy Act regulations at 29 CFR 71.1 and 71.9.

RECORD SOURCE CATEGORIES:

    Individual complainants; respondent officials, employees, and witnesses; interrogatories; recipient files and records; and physiciansí and other medical service providersí records.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

    In accordance with 5 U.S.C. 552a(k)(2), investigatory material in this system of records compiled for law enforcement purposes is exempt from subsections (c)(3); (d); (e)(l); (e)(4)(G), (H), and (I); and (f) of 5 U.S.C. 552a, provided, however, that if any individual is denied any right, privilege, or benefit that he or she would otherwise be entitled to by Federal law, or for which he or she would otherwise be eligible, as a result of the maintenance of these records, such material shall be provided to the individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government with an express promise that the identity of the source would be held in confidence.