(a) General requirements. Any personnel or employment record made or
kept by the contractor shall be preserved by the contractor for a period
of 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 relating to requests for reasonable
accommodation; the results of any physical examination; job
advertisements and postings; applications and resumes; tests and test
results; interview notes; and other records having to do with hiring,
assignment, promotion, demotion, transfer, lay-off or termination, rates
of pay or other terms of compensation, and selection for training or
apprenticeship. In the case of involuntary termination of an employee,
the personnel records of the individual terminated shall be kept for a
period of two years from the date of the termination, except that
contractors that have fewer than 150 employees or that do not have a
Government contract of at least $150,000 shall keep such records for a
period of one year from the date of the termination. Where the contractor
has received notice that a complaint of discrimination has been filed,
that a compliance evaluation has been initiated, or that an enforcement
action has been commenced, the contractor must preserve all personnel
records relevant to the complaint, compliance evaluation or action until
final disposition of the complaint, compliance evaluation or action.
The term ``personnel records relevant to the complaint, compliance evaluation
or action'' will include, for example, personnel or employment records relating to
the aggrieved person and to all other employees holding positions
similar to that held or sought by the aggrieved person and application
forms or test papers completed by an unsuccessful applicant and by all
other candidates for the same position as that for which the aggrieved
person applied and was rejected.
(b) Failure to preserve records. Failure to preserve complete and
accurate records as required by paragraph (a) of this section
constitutes noncompliance with the contractor's obligations under the
act 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 circumstances that are outside of the
contractor's control.
(c) The requirements of this section shall apply only to records
made or kept on or after August 29, 1996.
