• Federal contractors must document affirmative action plans and keep several personnel or employment records in case of a compliance review.
• Some exceptions apply to contractors that have fewer than 150 employees or that do not have a government contract of at least $150,000.

Contractors must maintain and make available to the Office of Federal Contract Compliance Programs (OFCCP) documentation of compliance with 41 CFR sections 60-2.11 through 60-2.17. This documentation must include:

• Organizational profile,
• Job group analysis,
• Placement of incumbents in job groups,
• Determining availability,
• Comparing incumbency to availability,
• Placement goals, and
• Additional required elements of affirmative action programs.

In addition, during a compliance review, a compliance officer examining the contractor’s affirmative action program may ask to see personnel, payroll, and other employment records.

Personnel or employment records

Any personnel or employment record made or kept by the contractor must be preserved for 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 is 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 limited to records pertaining to:

• Hiring,
• Assignment,
• Promotion,
• Demotion,
• Transfer,
• Layoff or termination,
• Rates of pay or other terms of compensation,
• Selection for training or apprenticeship and other records having to do with requests for reasonable accommodation,
• Results of any physical examination,
• Job advertisements and postings,
• Applications and resumes,
• Tests and test results, and
• Interview notes.

Involuntary termination

In the case of involuntary termination, the personnel records of the individual terminated must be kept for not less than two years from the date of the termination. There is an exception for contractors that have fewer than 150 employees or that do not have a government contract of at least $150,000 — records must be kept for not less than one year from the date of the termination.

Complaint of discrimination

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 enforcement action until final disposition of the complaint, compliance evaluation, or enforcement action.

The term “personnel records relevant to the complaint” 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. This includes 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.