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Since some of these record retention issues are now a little murky, I want to note again that the basic OFCCP record retention requirement is typically two years from the time the record is made (one year for smaller companies or companies with smaller contracts). Three years is probably a good idea for items like self-ID forms based on new requirements in the vets and disability regs, but the formal three-year record retention requirement is associated with the data that becomes part of the data collection analysis in 41 CFR 60-300.44 (k) and 41 CFR 60-741.44(k). OFCCP's record retention requirements refer to "the date of the making of the record of personnel action involved." Thus, it would appear that for self-ID forms received from employees, the record retention period begins on the day when the self-ID form is completed. Note that I'm assuming that you are, in fact, surveying employees for race/ethnicity, gender, veteran, and disability status when they start their employment with your company. While you will also collect this information from applicants, persons who are hired will be surveyed twice for this information (once at the pre-offer stage of the selection process, and once at the post-offer stage). There are record retention requirements for applicant records, including survey forms, as well as for employee records. In either case, the record retention date starts on the date the record is made. In regard to employees who are involuntarily terminated, a separate record retention period starts on the day of the termination, and runs for a two-year period (one year for smaller companies or companies with smaller contracts). There appears to be no explicit requirement regarding employees who leave the company voluntarily, though various laws and regulations including OFCCP's should discourage employers from discarding information in personnel files soon after employees leave the company. Sarah, I would encourage you to read the various sections in the Code of Federal Regulations that I've cited (41 CFR 60-1.12, 41 CFR 60-300.80, and 41 CFR 60-741.80) if you'd like to get a better sense of what I've discussed here and in my previous post. It's not fun reading by any means, but it will give you a feel for what OFCCP is requiring in regard to record retention. And then if you need additional "interesting" reading, you may want to look at the regulations regarding data metrics, as well as information from SHRM or other sources on record retention requirements in other laws.
You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.