Basic EEO Requirements for Small Businesses with Federal Contracts - Part III

We're continuing our series on EEO requirements for Small Businesses. These requirements originate from Executive Order (EO) 11246. This EO has been around since 1965 but has also been amended several times. The full EO as amended can be viewed here.

The fourth basic EEO provision for small Government contractors is a requirement to maintain records. These are primarily HR (Human Resources) records and would typically include:

• Job descriptions
• Job postings and advertisements
• Records of job offers
• Applications and resumes
• Interview notes
• Tests and test results
• Written employment policies and procedures
• Personnel files

These records must be maintained for a period of two years after the creation of the record or the personnel action, whichever comes later. Contractors with fewer than 150 employees or a contract of less than $150 thousand have a one-year record retention period.

The fifth basic requirement is perhaps the most obtrusive. Small businesses with Government contracts must permit OFCCP (Office of Federal Compliance Programs) access to books and records during a compliant investigation or compliance evaluation.

Although compliant investigations and compliance evaluations are infrequent, there is always the possibility that your firm could be selected. When a complaint is filed against a Federal contractor, or when a Federal contractor is selected to undergo a compliance evaluation, the contractor is obligated to allow OFCCP access to its premises for the purpose of conducting an on-site investigation. The contractor must permit OFCCP to inspect and copy the books and records that may be relevant to the matter under investigation and pertinent to compliance with the requirements of Executive Order 11246.