(a) General requirements. Any personnel or employment record made or
kept by the contractor shall be preserved by the contractor for a period
of not less than two years from the date of the making of the record or
the personnel action involved, whichever occurs later. However, if the
contractor has fewer than 150 employees or does not have a Government
contract of at least $150,000, the minimum record retention period shall
be one year from the date of the making of the record or the personnel
action involved, whichever occurs later. Such records include, but are
not necessarily limited to, records pertaining to hiring, assignment,
promotion, demotion, transfer, lay off or termination, rates of pay or
other terms of compensation, and selection for training or
apprenticeship, and other records having to do with requests for
reasonable accommodation, the results of any physical examination, job
advertisements and postings, applications, resumes, and any and all
expressions of interest through the Internet or related electronic data
technologies as to which the contractor considered the individual for a
particular position, such as on-line resumes or internal resume
databases, records identifying job seekers contacted regarding their
interest in a particular position (for purposes of recordkeeping with
respect to internal resume databases, the contractor must maintain a
record of each resume added to the database, a record of the date each
resume was added to the database, the position for which each search of
the database was made, and corresponding to each search, the substantive
search criteria used and the date of the search; for purposes of
recordkeeping with respect to external resume databases, the contractor
must maintain a record of the position for which each search of the
database was made, and corresponding to each search, the substantive
search criteria used, the date of the search, and the resumes of job
seekers who met the basic qualifications for the particular position who
are considered by the contractor), regardless of whether the individual
qualifies as an Internet Applicant under 41 CFR 60-1.3, tests and test
results, and interview notes. The term ``personnel records relevant to
the complaint,'' for example, would include personnel or employment
records relating to the complainant and to all other employees holding
positions similar to that held or sought by the complainant and
application forms or test papers submitted by unsuccessful applicants
and by all other candidates for the same position as that for which the
complainant unsuccessfully applied. Where a compliance evaluation has
been initiated, all personnel and employment records described above are
relevant until OFCCP makes a final disposition of the evaluation.
(b) Affirmative action programs. A contractor establishment required
under Sec. 60-1.40 to develop and maintain a written affirmative action
program (AAP) must maintain its current AAP and documentation of good
faith effort, and must preserve its AAP and documentation of good faith
effort for the immediately preceding AAP year, unless it was not then
covered by the AAP requirement.
(c) Contractor identification of record. (1) For any record the
contractor maintains pursuant to this section, the contractor must be
able to identify:
(i) The gender, race, and ethnicity of each employee; and
(ii) Where possible, the gender, race, and ethnicity of each
applicant or Internet Applicant as defined in 41 CFR 60-1.3, whichever
is applicable to the particular position.
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(2) The contractor must supply this information to the Office of
Federal Contract Compliance Programs upon request.
(d) Adverse impact evaluations. When evaluating whether a contractor
has maintained information on impact and conducted an adverse impact
analysis under part 60-3 with respect to Internet hiring procedures,
OFCCP will require only those records relating to the analyses of the
impact of employee selection procedures on Internet Applicants, as
defined in 41 CFR 60-1.3, and those records relating to the analyses of
the impact of employment tests that are used as employee selection
procedures, without regard to whether the tests were administered to
Internet Applicants, as defined in 41 CFR 60-1.3.
(e) Failure to preserve records. Failure to preserve complete and
accurate records as required by paragraphs (a) through (c) of this
section constitutes noncompliance with the contractor's obligations
under the Executive Order and this part. Where the contractor has
destroyed or failed to preserve records as required by this section,
there may be a presumption that the information destroyed or not
preserved would have been unfavorable to the contractor: Provided, That
this presumption shall not apply where the contractor shows that the
destruction or failure to preserve records results from the
circumstances that are outside of the contractor's control.
[65 FR 68042, Nov. 13, 2000, as amended at 70 FR 58962, Oct. 7, 2005]
