Hi Paige, There are no specific penalties for not maintaining that information; however, if it becomes obvious during a compliance review that it has not been maintained then it may lead to a conciliation agreement (CA). If this occurs, you may have to provide the OFCCP with proof that this information has been maintained during a one-to-two period (as identified in the CA). You may also need to submit information on applicants identified from these searches and whether or not they were hired. OFCCP may conduct a disparity analysis on this data and if there is adverse impact, you may have to defend your hiring decisions. Debra Milstein Gardner Workplace Dynamics LLC www.workplace-dynamics.com
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.
