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The author of the recent article, OFCCP Record Retention and Notice Posting Requirements and Best Practices, submits the following supplement:

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In addition to the two year (or in some limited cases, one year) record retention requirement described in the previous article, specifically pertaining to personnel and employment records, some federal contractors and subcontractors may also be subject to the record retention requirements set forth in the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973.

In general, the VEVRAA requires all federal contractors and subcontractors to take affirmative action to employ and advance in employment qualified, protected veterans. 38 U.S.C. § 4212. Those contractors with at least $100,000 in federal contracts or subcontracts, in accordance with 41 CFR § 60-300.4(a), and 300.80(b), must maintain the following records pertaining to their required affirmative action program for a period of three years from the date of the making of the record:

Documentation of compliance activities relating to dissemination of a contractor’s or subcontractor’s equal opportunity policy statement. 41 CFR § 60-300.44(a) and (f)(1)(ii).

Any records of documenting outreach efforts and recruitment activities that are designed to recruit protected veterans. Examples of outreach and recruitment activities include enlisting the assistance of veteran-focused organizations in recruiting and developing on-the-job training opportunities for veterans. 41 CFR §60-300.44(f)(1) and (2).

Evidence of the contractor’s or subcontractor’s annual review and assessment of its outreach and recruitment efforts. 41 CFR § 60-300.44(f)(3).

Records that document computations or comparisons pertaining to protected veteran applicants on an annual basis, including the following: (1) number of applicants who self-identified or are otherwise known as a protected veteran; (2) the total number of job openings and jobs filled; (3) the total number of applicants for all jobs; (4) the number of protected veteran applicants hired; and (5) the total number of applicants hired. 41 CFR § 60-300.44(k).

Documentation of the hiring benchmarks established by the contractor or subcontractor. 41 CFR § 60-300.45(c). Similarly, the Rehabilitation Act requires federal contractors and subcontractors to take affirmative action to employ and advance the employment of qualified individuals with disabilities. This Act applies more broadly to all contractors and subcontractors with federal contracts or subcontracts greater than $10,000. 41 CFR § 60-741.1(b). In accordance with § 60-741.80(b), they are required to maintain the following records pertaining to their affirmative action program, for three years from the date of making the record:

Documentation of compliance activities relating to the dissemination of a contractor’s or subcontractor’s equal opportunity policy statement. 41 CFR § 60-741.44 (a) and (f) (1)(ii).

Any records of outreach efforts and recruitment activities that are designed to recruit qualified individuals with disabilities. Examples of outreach and recruitment activities include enlisting the assistance of organizations, such as state mental health and developmental disability agencies, in recruiting and developing on-the-job training opportunities for individuals with disabilities, and conducting formal briefing sessions with representatives from recruiting sources. 41 CFR § 60-741.44(f)(2)(i) and (ii).

Any documents that evidence the contractor’s or subcontractor’s annual review and assessment of its outreach and recruitment efforts. 41 CFR § 60-741.44(f)(3).

Records that document computations or comparisons pertaining to applicants on an annual basis, including the following: (1) number of applicants who self-identify as 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 applicants with disabilities hired; and (5) the total number of applicants hired. 41 CFR § 60-741.44(k).

Federal contractors and subcontractors should ensure their compliance with the general record retention requirements set forth in the previous article, as well as the requirements regarding affirmative action programs pursuant to the VEVRAA and the Rehabilitation Act.

This article was prepared expressly for OutSolve, LLC by Britney Prince, associate at Andrews Kurth. Copyright © 2016. Andrews Kurth. This communication has been prepared by Andrews Kurth for informational purposes and does not constitute legal advice. A past performance or prior result is no guarantee of a similar future result in another case or matter. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Attorney Advertising.

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