Advertise an open position and you will likely receive multiple job applications that include personal information such as social security numbers, addresses and past employment history. These records need protection to prevent identity theft and costly legal problems, and to ensure you can access application information if a discrimination claim arises. Federal laws also set minimum retention requirements for many employment-related records.
Civil Rights Act of 1964
This federal law prohibits employment discrimination based on color, race, sex, religion and national origin. It also requires employers to keep job applications for permanent positions for at least one year after receiving them. If you are charged with discrimination or an unlawful employment practice, retain the application and any other relevant personnel records until the matter is resolved.
Age Discrimination in Employment Act
The Age Discrimination in Employment Act protects applicants age 40 and over from discrimination. It requires employers to retain applications, resumes, applicant test results and referrals for permanent and temporary positions for one year after receipt; if the applicant is 40 or older, keep those records for two years.
Americans With Disabilities Act
The Americans With Disabilities Act protects applicants and employees from discrimination based on disability. It requires you to keep job applications and related documents for at least one year or until any discrimination charges are resolved.
How to Store Job Applications Properly
Typically, the Human Resources department is responsible for organizing and storing job applications and related documents. Only HR staff and hiring managers should have access to personnel files, and paperwork should be kept in a locked filing cabinet or other secure location or in an offsite record storage facility.
If you use a third-party payroll or HR provider, consider PEO / Employee Leasing / Temporary Employment Insurance as part of your overall approach to managing HR and records retention.
Temporary staffing situations can create different recordkeeping needs; for more information on those situations see Employment Temporary Services Agencies Insurance. Once the required federal retention period ends, shred documents or use a confidential document-recycling service to dispose of records securely.
Protecting stored applications helps prevent identity theft, reduces the risk of costly lawsuits and ensures compliance with federal employment laws. If you have questions about your specific situation, talk to an agent who can explain options for records management and related insurance coverage.
Frequently Asked Questions
How long must I keep job applications?
Keep most job applications for at least one year; if an applicant is age 40 or older, retain records for two years under federal law. Keep any records related to a discrimination claim until the matter is resolved.
What is the best way to store applications to protect personal data?
Limit access to HR staff and hiring managers, use locked cabinets or secure offsite storage, and shred documents when retention requirements end to protect sensitive data.
Can I keep applications for future hiring?
Yes, but you must follow record-retention rules and protect applicants' personal information while they are stored.
What should I do if an applicant files a discrimination charge?
Preserve all relevant applications and personnel records and retain them until the charge is resolved, then consult HR or legal counsel as appropriate.