How long do we need to retain resumes and employment applications? Are there any differences if an individual was not considered a candidate for a position and is not interviewed or hired? Finally, can we simply throw resumes and applications away or do we need to shred them?
There is detailed information on Compensation.BLR.com about the record retention rules under both federal and state law. The federal rules are available in the Records section here. There are numerous federal and state laws that require employers to retain certain types of records.
The federal laws against discrimination all require that employers retain applications, resumes, and other documents related to hiring for a minimum of one year. In addition, if the company is a federal contractor it may have recordkeeping obligations under the applicable Executive Orders. Depending on the size of the company and the contracts, records must be retained for either one or two years. State civil rights laws have similar recordkeeping requirements. Keep in mind that the statutes set the minimum amount of time the records must be retained. Many employment attorneys advise their clients to retain the records longer and in many cases up to seven years.
You also ask whether an employer is required to retain unsolicited resumes or the resumes of individuals not deemed minimally qualified for a job. If an application is submitted for a particular position and/or in response to an advertisement or posting, it should be retained. The Office of Federal Contract Compliance (OFCCP) recently introduced new rules related to affirmative action reporting for unsolicited resumes submitted electronically. However, these rules do not appear to change the recordkeeping requirements of the civil rights statutes. Therefore, all resumes and applications should probably be retained. You might want to consult with local employment counsel if you prefer not to retain those that were not submitted in response to a particular job opening.
Finally, you ask about whether resumes and applications can simply be thrown away or if precautions such as shredding should be taken. Even though these documents don't contain Social Security numbers, they usually have names, addresses, phone numbers, email addresses, places of employment, etc. It would be prudent for employers to take reasonable steps to protect this information such as having the documents shredded. When employers get personal information through background checks subject to FCRA, they have an affirmative obligation to protect the information from disclosure when it is discarded.
Disclaimer
The information provided here is intended to help our customers familiarize themselves with compensation issues that may affect them. Legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. This site and the information available through it do not, and are not intended to constitute legal or other professional advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.
