---
title: "Litigation hold for an employment charge or suit"
url: "https://ailawframework.com/precedents/employment-and-workplace-relations/us-hr-litigation-hold"
type: "precedent"
site: "AI Law Framework"
id: "a14-us-hr-litigation-hold"
area_id: "A14"
kind: "notice"
ai_level: "yellow"
version: 1
task_ids: ["A14-P20260916-3", "A14-B15-6"]
law_stated_as_at: "2026-10-22"
---

# Litigation hold for an employment charge or suit

> An internal notice to keep the personnel file, comparator information, and messages when a charge or an employment suit is filed or reasonably anticipated.

Canonical page: https://ailawframework.com/precedents/employment-and-workplace-relations/us-hr-litigation-hold  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Notice. A formal notice to serve or publish.
- Practice area: [Employment & Workplace Relations](https://ailawframework.com/precedents/employment-and-workplace-relations.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for United States.

## When to use it

Use when a charge of discrimination has arrived or counsel expects a suit. Send it to HR and to the managers the lawyer names. Do not send it to the charging party or put it in the position statement.

## Used for these tasks

- [Build a dismissal chronology and urgent filing check](https://ailawframework.com/practice/employment-and-workplace-relations/build-a-dismissal-chronology-and-urgent-filing-check.md)
- [Prepare a chronology of the employment for a Fair Work Commission conference](https://ailawframework.com/practice/employment-and-workplace-relations/prepare-a-chronology-of-the-employment-for-a-fair-work-commission-confer.md)

## How AI may be used

AI may draft the notice from the charge and the systems the lawyer names. The lawyer decides the custodians and whether a preservation duty has arisen.

**AI may:**

- Name the custodians and the systems from the lawyer's list
- Include the personnel file and the investigation notes if those systems are listed
- Flag a draft that tells anyone to delete notes of the events

**AI must not:**

- Must not decide that litigation is reasonably foreseeable
- Must not send the notice to the charging party or to the EEOC
- Must not instruct HR to keep communicating with the charging party about the hold

**The lawyer checks:**

- The charge number and the custodians match the file
- Automatic deletion of email, chat, and video is raised with the system owner
- The notice stays inside the organization

## Authorities

- [Fed. R. Civ. P. 37(e) and the 2015 advisory committee note](https://www.law.cornell.edu/rules/frcp/rule_37)
- [EEOC, Questions and Answers for Respondents on position-statement procedures (the charge file is what the statement later has to answer)](https://www.eeoc.gov/employers/questions-and-answers-respondents-eeocs-position-statement-procedures)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/employment-and-workplace-relations/us-hr-litigation-hold and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*