F. Job Resumes

How long must job resumes and employment applications be kept on file to avoid charges of discrimination and unfair hiring practices? The law differs in this respect. The Civil Rights Act requires all resumes and applications to be retained for six months after the document is submitted or after action is taken on the application, whichever is later. The Age Discrimination in Employment Act requires that job applications of individuals between the ages of 40 and 70 be retained for one year.

Counsel Comment #10: Courts do not burden employers to retain job resumes and applications indefinitely in order to defeat charges of discrimination. Thus, keep all applications for at least one year to be safe. Never segregate applications or treat some differently from others. For example, if you retain certain applications in an active status for a specified period, you must retain all applications for the same period.

TIP: If your company receives unsolicited resumes, it is advisable to return them since many resumes contain discrimanatory information that your company is not supposed to read. This can minimize chanrges that such information was used in the hiring process. Smart companies return all resumes immediately with a note requesting that the applicant complete the company's standard application, which is enclosed.

         

From Hiring to Firing: The Legal Survival Guide for Employers
Copyright © 1995 by Steven Mitchell Sack