An employment application provides managers and owners with important information about a candidate for hire. Maintaining good employment records can help protect an employer in case a lawsuit is filed against the company.
All interview notes and employment application questions should contain relevant notes to facilitate a hiring decision. Employment applications of individuals who are not hired should be kept on file for 2 years, according to the human resources company BLR. It is a good idea to keep employment applications for individuals that work for the company for the duration of their employment, plus an additional 2 years after employment has ended.
Civil Rights Act
Employees may not be discriminated against due to gender or race when it comes to employment. Title VII of the 1964 Civil Rights Act requires that a business with over 100 employees maintain employment applications for at least one year. Furthermore, employment applications of individuals that work for the company must be kept for at least one year after employment is over.
Job applicants and employees that are over the age of 40 may not be discriminated on for their age. In order to comply with the Age Discrimination in Employment Act, employers must maintain employment applications for at least one year. Furthermore, a company is required to keep records of any complaints and legal actions regarding age discrimination for at least a one-year period.
The Americans with Disabilities Act came into existence in 1990. The ADA prevents employers from engaging in discriminatory practices against employees and job applicants with disabilities. To comply with the ADA, employers must keep employment applications on file for at least a one-year period. Additionally, employment applications of those employed by the company must be kept for at least one year after employment is terminated.