[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-1.12]

[Page 100-101]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
   CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL 
                         EMPLOYMENT OPPORTUNITY,
                           DEPARTMENT OF LABOR
 
PART 60-1--OBLIGATIONS OF CONTRACTORS AND SUBCONTRACTORS--Table of Contents
 
  Subpart A--Preliminary Matters; Equal Opportunity Clause; Compliance 
                                 Reports
 
Sec. 60-1.12  Record retention.

    (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 and resumes, tests and test 
results, and interview notes. In the case of involuntary termination of 
an employee, the personnel records of the individual terminated shall be 
kept for a period of not less than 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 not less than 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 shall 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,'' 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

[[Page 101]]

    (ii) where possible, the gender, race, and ethnicity of each 
applicant.
    (2) The contractor must supply this information to the Office of 
Federal Contract Compliance Programs upon request.
    (d) 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.
    (e) Applicability. The requirements of this section shall apply only 
to records made or kept on or after December 22, 1997.

[65 FR 68042, Nov. 13, 2000]