For purposes of OFCCP compliance reviews or complaint investigations, ALL completed application forms should be accessible (which means also they must be RETAINED) job by job, not person by person. For other reasons, the contractor may wish to have a copy of an application form, certainly the application for the first position for which the employee was hired, in his or her personnel file. The employer may also want to keep a copy of other applications forms FOR WHICH THE PERSON WAS CHOSEN (whether promotion, training programs or even for a demotion if that was what occurred) in the personnel file. HOWEVER, the focus of the OFCCP jurisdiction is the "opportunity". So, all documentation having to do with an "opportunity" (whether posted only externally or only internally or both) should be filed and retrievable by the opportunity. That means the requisition, the job posting or vacancy announcement, all applications received and, separately, all applications CONSIDERED plus some record -- hopefully all these are electronic! -- of what happened and why. See articles in Circa's OFCCP Digest on appropriate disposition codes and why they are so essential. Also included in this documentation will be the EEO identification request made by the employer with the applicant's response, whether the response on the survey form is that s/he "declines to provide information" OR the response providing race, ethnicity and gender, also the self-ID form for veterans' status. When the contractor reports to the agency, along with the required analyses, or when it performs its own self-analysis (at least annually) it does so by job title so it is critical that the required records are maintained and can be retrieved opportunity by opportunity and by date. For NON-competitive events, records should similarly be kept by job. Be sure you report these to the OFCCP SEPARATELY from competitive selections. And, as a reminder, genuinely non-competitive promotions are those that come automatically -- generally as a function of either time-in-grade (e.g., from Engineer I to Engineer II or Clerk A to Senior Clerk, etc.) or as a function of completing a formal training or certification process (e.g., from Apprentice III to Apprentice II to Apprentice I to Journey Worker or from Engineer IV to Professional Engineer). A promotion from Assistant Director of Human Resources to Director of Human Resources upon the retirement of the former HR Director may be a "con-competitive" promotion but if the Manager of Talent Acquisition gets the HR Director spot and there's also a Manager of Benefits, Manager of EEO Compliance, Manager of Compensation and/or Manager of Training I promise you there WAS a "competition" in making that selection even if the job wasn't posted and the other managers had no "equal opportunity" to even apply. So, be CAREFUL about what you identify as a "non-competitive" promotion. Even if "consideration" and "rejection" happens in the blink of an eye and with no documentation, it certainly was an opportunity DENIED to anyone that wasn't chosen. Authentic non-competitive events are those for which there's no "head count control" and that happen within a well understood and routine time frame and that everyone "similarly situated" can expect to occur for them in about the same time frame as everyone else.

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.