Privacy Act Systems - DOL/CENTRAL-3
Internal Investigations of Harassing Conduct.
Categories of individuals covered by the system:
Current or former Department employees, Department interns, or other such agents of the Department, nationwide, who have filed a complaint or report of harassment, or have been accused of harassing conduct under the Departmentís Policy to Prevent Harassing Conduct in the Workplace (the Policy).
Records on covered individuals are located at the Department of Labor, Office of the Assistant Secretary for Administration and Management and with respective agency Equal Employment Opportunity (EEO) Managers in the national office
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains all documents related to a complaint or report of harassment, which may include the complaint, statements of witnesses, reports of interviews, investigators and agency EEO managerís findings and recommendations, final decisions and corrective action taken, and related correspondence and exhibits.
Note: Records compiled by the Office of Inspector General in its investigations of harassing conduct are covered by its own system of records, entitled DOL/OIG-1, and are not part of this system of records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101.
These records are maintained for the purpose of conducting internal investigations into allegations of harassment brought against Department employees and for taking appropriate action in accordance with the Departmentís Policy.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those universal routine uses contained in the General Prefatory Statement to this document, disclosure of information from this system of records regarding the status of any investigation that may have been conducted may be made to the party who was subject to the harassment and to the alleged harasser when the purpose of the disclosure is both relevant and necessary and is compatible with the purpose for which the information was collected.
Note: Records compiled under the Policy which subsequently become part of the investigation record in an EEO complaint may be disclosed to the complainant if the Civil Rights Center (CRC) determines that the records are relevant and necessary with respect to adjudicating the EEO complaint, when such disclosure is compatible with the purpose for which the information was collected.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM:
Files are stored electronically and/or on paper.
These records are indexed by the name of the alleged victim(s) and/or the name of the individual accused of harassing conduct.
Access by authorized personnel only. Computer security safeguards are used for electronically stored data and locked locations for paper files.
RETENTION AND DISPOSAL:
These records are maintained for four years from the date that the investigation is closed.
SYSTEM MANAGER(S) AND ADDRESS:
Respective agenciesí EEO managers, U.S. Department of Labor, 200 Constitution Ave., N.W., Suite N-4123, Washington, D.C. 20210.
Individuals wishing to inquire whether this system of records contains information about them should contact the system manager. Individuals must furnish in writing the following information for their records to be located and identified:
a. Full name and mailing address.
RECORD ACCESS PROCEDURE:
As in notification procedure.
CONTESTING RECORD PROCEDURES:
A petition for amendment shall be addressed to the System Manager and must meet the requirements of Departmentís Privacy Act regulations at 29 CFR 71.1 and 71.9.
RECORDS SOURCE CATEGORIES:
Individual complainants; agency EEO Managers; supervisors; management officials; employee relations staff; witness statements; Solicitorís Office staff; CRC staff, and summary reports on harassing conduct complaints.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
In accordance with 5 U.S.C. 552a(k)(2), investigative material in this system of records compiled for law enforcement purposes is exempt from subsections (c)(3), (d), (e)(1), (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 the 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.