[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-250.80]

[Page 191-192]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
   CHAPTER 60--OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL 
                         EMPLOYMENT OPPORTUNITY,
                           DEPARTMENT OF LABOR
 
PART 60-250_AFFIRMATIVE ACTION AND NONDISCRIMINATION OBLIGATIONS OF 
 
                       Subpart E_Ancillary Matters
 
Sec. 60-250.80  Recordkeeping


    (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

[[Page 192]]

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 shall 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 would 
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.