ment Practices Commission*

The following agencies which appeared on the list of proposed 706 agencies published in the FEDERAL REGISTER Vol. 38 No. 121 June 25, 1973 have been omitted from the list of formally designated 706 agencies pending the evaluation of comments received by the Commission pursuant to the requirements of § 1601.12 (g) (1).

low as Provisional 706 Agencies for the purposes of receiving referenced types of charges deferred by the Commission, pursuant to section 706 (c) and (d) of Title VII of the Civil Rights Act of 1964, as amended.

The designations reflected herein were officially adopted by the Commission on April 17, 1972, and extended June 25, 1973. The Commission may, from time to time, amend the designations

2. California Fair Employment Practices Commission

3. Massachusetts Commission Against Discrimination

4. New York State Division of Human Rights

(Sec. 713 (a), 76 Stat. 265, U.S.C. § 2000e12(a)).

This amendment is effective upon publication in the FEDERAL REGISTER.

Signed at Washington, D.C.

27th day of July, 1973.

WILLIAM H. BROWN III,
Chairman.

PROVISIONAL 706 AGENCIES Pursuant to § 1601.12 (d) (1) as amended and published in the FEDERAL REGISTER Vol. 38, No. 121, June 25, 1973, the Equal Employment Opportunity Commission (hereinafter referred to as the Commission) has extended until July 1, 1974, designation of

*Will not receive charges alleging violation of 8704 (a) of the Civil Rights Act of 1964 [Retaliation Charges).

cations.

RULES AND REGULATIONS

II-PROVISIONAL NOTICE

AGENCIES

Pursuant to § 1601.12 (d) (2) of Title 29 as amended in the FEDERAL REGISTER, Vol. 38, No. 121, the Equal Employment Opportunity Commission (hereinafter referred to as the Commission) has extended, until July 1, 1974, designation of the agencies and persons listed in Chart II below as Provisional Notice Agencies. With respect to the referenced types of charges, the Commission will (1) note receipt of said charge and serve notice upon the respondent or respondents, (2) schedule the charge for investigation, and (3) inform the agency or person indicated in this chart of the receipt of the charge.

The designations reflected herein were officially adopted by the Commission on April 17, 1972, and extended on June 25, 1973.

The Commission may, from time to time, amend the designations listed herein by subsequent public notice.

FEDERAL REGISTER, VOL. 38, NO. 149-
FRIDAY, AUGUST 3, 1973

PART 1602-RECORDS AND REPORTS

ployees. Pursuant to the June 12, 1973, notice, a duly constituted public hearing was held at 10 a.m., June 27, 1973, in the hearing room of the Equal Employment Opportunity Commission, Washington, D.C., for the purpose of considering the views of the public on the proposed amendments.

ments

Report EEO-5

By virtue of the authority vested in it by sec. 713 (a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sec. 2000e-12 (a), 78 Stat. 265, The Equal Employment Opportunity Commission (hereinafter referred to as the Commission) hereby amends Title 29, Chapter XIV, Part 1602 of the Code of Federal Regulations.

On June 12, 1973, there was published in the FEDERAL REGISTER (38 FR 15462) a notice of proposed rule making with proposed amendments to Part 1602 of the regulations. The proposed amendments adding Subparts L, M, and N, § § 1602.39-1602.46, would have required public and private elementary and secondary school systems, districts, and individual schools to keep personnel and employment records for a period of two years, keep employment statistics by race and job category as required by Report EEO-5 for a period of three years, and file Report EEO-5 annually unless the school system employed fewer than 100 em

the Commission and four written comments were received during the period that the record remained open.

All comments submitted with respect to the proposed amendments were given due consideration. The public comments resulted in certain changes. Reporting and recordkeeping requirements for private schools were temporary eliminated due

an incomplete universe of names and addresses of private schools. The reporting and recordkeeping requirements for private schools will be imposed in 1974. In addition, due to time limitations, the date on which the 1973 EEO-5 must be filed has been deferred from October 15, 1973, to November 30, 1973. The October 15, date shall apply to all calendar years after 1973.

Part 1602, Chapter XIV of Title 20 of the Code of Federal Regulations is amended by adding new subparts L, M, and N and by adding new § § 1602.39, 1602. 40, 1602.41, 1602.42, 1602.43, 1602.44, 1602.45, and 1602.46 thereto to read as follows below. These amendments shall become effective October 25, 1973.

Subpart L-Elementary and Secondary School Systems, Districts, and Individual Schools Recordkeeping

Sec.

1602.39 Records to be made or kept. 1602.40 Preservation of records made or kept.

AUTHORITY. -Sec. 709 (c), 78 Stat. 265, 42 U.S.C. sec. 2000e-8 (c), 29 CFR 1602.3.

Subpart L-Elementary and Secondary School Systems, Districts, and Individual Schools Recordkeeping

§ 1602.39 Records to be made or kept.

On or before October 15, 1973, and annually thereafter, every public elementary and secondary school system or district, including every individually or separately administered district within a system, with 15 or more employees and every individual school within such system or district, regardless of the size of the school shall make or keep all records and information therefrom which are or would be necessary for the completion of report EEO-5 whether or not it is required to file such a report under § 1602.41. The instructions for completion of report EEO-5 are specifically incorporated herein by reference and have the same force and effect as other sections of this part. Such records and the information therefrom shall be retained at all times for a period of 3 years at the central office of the

1 NOTE-Instructions were published as an a] to the proposed regulations on June 12, 1973 15463).

elementary or secondary school system or district, or at the individual school which is the subject of the records and the information therefrom, where more convenient, and shall be made available if requested by an officer, agent, or employee of the Commission under sec. 710 of Title VII, as amended. It is the responsibility of every such school system or district, to obtain from the Commission or its delegate necessary instructions in order to comply with the requirements of this section.

$1602.40 Preservation of records made or kept.

(a) Any personnel or employment record made or kept by a school system, district, or individual school (including but not necesarily limited to application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff, or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship) shall be preserved by such school system, district, or school, as the case may be, for a period of 2 years from the date of the making of the record or the personnel action involved, whichever occurs later. In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of 2 years from the date of termination. Where a charge of discrimination has been filed,