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Content Last Revised: 12/01/2005 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Public Contracts and Property Management |
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| Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor |
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| Affirmative Action Obligations of Contractors and Subcontractors for Disabled Veterans and Veterans of the Vietnam Era |
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| Ancillary Matters |
41 CFR 60-250.80 - Recordkeeping
- Section Number: 60-250.80
- Section Name: 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 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
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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.
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