What is the required retention period for an employer to maintain Federal Affirmative Action Plans?

A contractor subject to Executive Order 11246's affirmative action plan (AAP) requirements under the 41 CFR 60 regulations must maintain a copy of its AAP and all documentation of good-faith efforts for the current and preceding year. See 41 C.F.R. §60-1.12(b).

Written AAPs required under the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act have longer retention requirements. Specifically, a three-year retention requirement is mandated for all documentation of:

• Activities undertaken to comply with external dissemination of policy, outreach and positive recruitment. See §60-300.44(f)(4) and §60-741.44(f)(4).
• Data collection analysis of the following computations and comparisons:
• 1. The number of applicants who self-identified as protected veterans, or who are otherwise known as protected veterans; those who self-identify as individuals with disabilities or who are otherwise known to be individuals with disabilities.
  2. The total number of job openings and total number of jobs filled.
  3. The total number of applicants for all jobs.
  4. The number of protected veteran applicants and applicants with disabilities hired.
  5. The total number of applicants hired. See §60-300.44(k) and §60-741.44(k).
• Hiring benchmarks established each year under VEVRAA, each of the factors used to establish the hiring benchmark and relative significance of each of these factors. See §60-300.45(c). 

Additionally, contractors should preserve all personnel and employment records (including applicant flow data) 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 should be one year. See 41 C.F.R §60-1.12(a), §60-300.80 and §60-741.80(a).

Employment records that contractors must retain include advertisements; job postings; applications; resumes; interview notes; requests for reasonable accommodations; tests and test results; personnel files; rates of pay and other compensation; selection for training or apprenticeship; and other information regarding hiring, transfers, promotions, layoffs and terminations. As part of their record retention obligations, federal contractors must retain records relating to all individuals who meet the criteria of "Internet applicant," along with other employment records.