How long must we keep applications for candidates not hired?  Our current policy is 1 year, but I am thinking we may need to retain them for up to 3 years.

Anyone have any idea?  We have offices in MA, NY, CA, OH, MN, FL, MS, DC, And VA.

Thanks in advance for all your help. 

AFAIK, you are only required to keep completed job applications for a period of 1 year. We keep unsolicited applications for 1 year, and solicited applications for 2 years.  I am not aware of any state laws that are more stringent, but I could be wrong. 

-SF

Thanks!

Found my answer...under ADEA, all applications and resumes must be kept a minimum of 3 years.  So, we will have to change our practices to comply.

It seems so.  That is why I originally asked the question.  It would be applicable for those who have filled out an application and interviewed.  If they are just sending a resume and are not being considered through an application and interview, it may be that the resume only has to be held for 12-36 months depending on the state.

efeldman:

Thanks!

Found my answer...under ADEA, all applications and resumes must be kept a minimum of 3 years.  So, we will have to change our practices to comply.

 

I've never heard of the ADEA requiring you to keep applications and resumes on file for 3 years.  The ADEA requires you to keep records on each comployee that contains name, DOB, address, occupation, and payrate for 3 years, but job applications, and any other form of job inquiry, is only required to be kept for a year (or so I thought).  Could you link me to the regulation where you found that?

-SF

hrlady1:

Does this also apply to electronic applicants?  That accounts for a large amount of resumes to keep for that long a period of time.

It depends.  You only have to to keep records for applicants.  When talking about electronic applicants, only those who have followed your standard procedures for submitting an application, and indicated interest in a particular position, would be considered applicants, and thus, fall under the record keeping regulations.  That means those applications/resumes in your general database (if you have one) would not fall under the record keeping regulations.

SacrosanctFiend:

efeldman:

Thanks!

Found my answer...under ADEA, all applications and resumes must be kept a minimum of 3 years.  So, we will have to change our practices to comply.

 

 

I've never heard of the ADEA requiring you to keep applications and resumes on file for 3 years.  The ADEA requires you to keep records on each comployee that contains name, DOB, address, occupation, and payrate for 3 years, but job applications, and any other form of job inquiry, is only required to be kept for a year (or so I thought).  Could you link me to the regulation where you found that?

-SF

I found this through a search of this site:

Age Discrimination in Employment Act (ADEA)

     Covered Employers: Employers with 20 or more employees.

      Required: Payroll or other records for all full-time, part-time, and temporary employees that include each employee's name, address, date of birth, occupation, rates of pay, and weekly compensation.

      To be retained: Three years.

      Required: In addition, employers must retain records related to job applications, resumes, and other forms of job inquiries; promotions, demotions, and transfers; selection for overtime, training, layoff, recall, or discharge; job orders submitted to employment agencies; candidate test papers for any position; physical exam results if used in employment decisions; job ads or internal notices relating to job openings; and employee benefit plans.

I'm taking that to mean that the applications and resumes for those applicants must be kept for 3 years.

Please correct me if I am mistaken.

It's one year:

29 CFR 1627.3 (b)1-(b)1i:

(b)(1) Every employer who, in the regular course of his business, makes, obtains, or uses, any personnel or employment records related to the following, shall, except as provided in paragraphs (b) (3) and (4) of this section, keep them for a period of 1 year from the date of the personnel action to which any records relate:

(i) Job applications, resumes, or any other form of employment inquiry whenever submitted to the employer in response to his advertisement or other notice of existing or anticipated job openings, including records pertaining to the failure or refusal to hire any individual,

Paragraph (3) simply states that once an action commences, you have to retain the records until there is a final disposition.  Ironically, (b)1 refers to 3 and 4, but only 2 and 3 are published on the EEOC website.  Based on the material, I suspect it only refers to 2 and 3, both of which indicate contexts fo different records retention rules..  Paragraph 2 refers to benefit plan documentation.

http://edocket.access.gpo.gov/cfr_2007/julqtr/29cfr1627.3.htm

efeldman:

SacrosanctFiend:

efeldman:

Thanks!

Found my answer...under ADEA, all applications and resumes must be kept a minimum of 3 years.  So, we will have to change our practices to comply.

 

 

I've never heard of the ADEA requiring you to keep applications and resumes on file for 3 years.  The ADEA requires you to keep records on each comployee that contains name, DOB, address, occupation, and payrate for 3 years, but job applications, and any other form of job inquiry, is only required to be kept for a year (or so I thought).  Could you link me to the regulation where you found that?

-SF

 

I found this through a search of this site:

Age Discrimination in Employment Act (ADEA)

     Covered Employers: Employers with 20 or more employees.

      Required: Payroll or other records for all full-time, part-time, and temporary employees that include each employee's name, address, date of birth, occupation, rates of pay, and weekly compensation.

      To be retained: Three years.

      Required: In addition, employers must retain records related to job applications, resumes, and other forms of job inquiries; promotions, demotions, and transfers; selection for overtime, training, layoff, recall, or discharge; job orders submitted to employment agencies; candidate test papers for any position; physical exam results if used in employment decisions; job ads or internal notices relating to job openings; and employee benefit plans.

The three year retention requirement only applies to payroll and other records containing information in your first "required" field.  The second "required" field states that the other records must be retained, but does not specify retention time.  According the ADEA, you are only required to retain them for one year.

If you are subject to Affirmative Action, you have to retain them for two years.  This is spelled out in the regs - I believe it is section 60.1