The United States District Court for the District of Columbia said that the Department of Labor destroyed notes that could have supported a race and sex discrimination case brought by Kenneth Elliott. The DOL said it destroyed the notes two years after denying Elliot a promotion and giving it to another employee, but the court says the department should have retained the notes because they were aware that Elliott had brought the charge. While Elliott did not claim that the destroyed records violated any laws or regulations, the action was out of line with government guidance to "retain all employment records" relating to potential EEOC or Title VII claims. According to the lawsuit, Elliott was interviewed for a promotion from GS-13 to GS-14 several times and was unlawfully denied each time. The DOL official who interviewed Elliott shredded her notes upon her retirement from the agency. The court said that a reasonable jury could find that the shredded notes may have provided support to the race and sex bias allegations.