Afirmative Action Plan Q&A

I am revising our apps to include an Invitation to Self Identify.  I would like some input on this matter.  I am going to do a tear off portion.  Do I keep those in a seperate file, do I document it on a spreadsheet than toss it?  How long to I retain that information?  Any information/suggestions would be helpful.  Thanks!



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  • "Where records are maintained, it is recommended that they be kept separately
    from the employees basic personnel file or other records available to those
    responsible for personnel decisions."

    "Any personnel or employment record made or kept by an employer (including but
    not necessarily limited to requests for reasonable accommodation, application
    forms submitted by applicants and other records having to do with hiring,
    promotion, demotion, transfer, lay-off or termination, rates of pay or other
    terms of compensation, and selection for training or apprenticeship) shall be
    preserved by the employer for a period of one year from the date of the making
    of the record or the personnel action involved, whichever occurs later. In the
    case of involuntary termination of an employee, the personnel records of the
    individual terminated shall be kept for a period of one year from the date of
    termination. Where a charge of discrimination has been filed, or an action
    brought by the Commission or the Attorney General, against an employer under
    Title VII or the ADA, the respondent employer shall preserve all personnel
    records relevant to the charge or action until final disposition of the charge
    or the action. The term personnel records relevant to the charge, for example,
    would include 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. The date of final
    disposition of the charge or the action
    means the date of expiration of the
    statutory period within which the aggrieved person may bring an action in a U.
    S. District Court or, where an action is brought against an employer either by
    the aggrieved person, the Commission, or by the Attorney General, the date on
    which such litigation is terminated."



  • To clarify my question - To ensure compliance with an Afirmative Action Plan, all applicants will be invited to self identify, whether successfully hired or not.  The information collected on unsuccessful applicants still needs to kept to show that I am targeting all ethnic groups in the available workforce.    I do know that the invitation to self identify form must be kept seperate from the application.  How should I retain the information so that I can do an analysis of my hiring practices as well as be able to present the information if requested or needed to defend my practices?

  • It is my understanding that the file of post-offer voluntary self-identification forms is kept by your designated EEO Coordinator.
  • OP is talking about pre-hire self-identification documents.

    There has been a lot of change in this area since I worked for a federal contractor so I don't know if what we did would fly today.  I think we entered the info into the HRIS and filed the documents chronologically and removed by date of destruction.  I'm sure we have at least one federal contractor around here somewhere....

    Definitely do not put them with employee files.

  • We keep a file for each job we recruit/hire for.  All self identifying forms are kept in that file and the info is loaded into our database for reporting purposes.  No self ID forms are kept in employee files. 
  • Hi -

    OFCCP's rules require most contractors to retain all employment and personnel records for two years; smaller contractors (those with fewer than 150 employees or with a contract worth less than $150,000) must keep records for only 1 year. This includes both paper and computer records pertaining to hiring, assignment, promotion, demotion, transfer, layoff or other termination, rates of pay, selection for training, requests for reasonable accommodation, results of physical exams, job advertisements, job postings, applications, résumés, interview notes, tests, and test results. The retention period starts when the record is created or the personnel action occurs, whichever is later.

    After the applicant completes the application and the tear-off portion, the employer should separate the tear-off sheet from the application and not use it in the selection process. The tear off sheet must be maintained separately from application materials.

    The EEOC has a pretty good site explaining the new EEO-1 categories and Q&As aboutr implementation. You might find it helpful:

     Good luck!

  • Sorry - just looked at the string of answers and realized that you need different info. We keep all applicant info (hires or not) on a data spreadsheet, input at time of application/hire.

     OFCCP has produced a sample AAP that contains sample spreadsheet info, column headers, etc at but I believe they use the "old" race and ethnicity categories, so if you are using the new EEO-1 categories to report (which you are allowed to do), you will need to modify the form somewhat. You might also want to take a look at the OFCCP site at for other good info.

  • OFCCP also used to offer very expensive classes on AAP compliance.

    Are the prices better?  Are the classes still available?

  • I think the OFCCP classes are free now . . . I know they do have local seminars for free.
  • Just checked and the OFCCP does offer on-line conferences, seminars in various cities, and some other on-line assistance, as well as the district offices.
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