- Federal Law: The Equal Employment Opportunity Commission (EEOC) requires employers to keep certain records for a period of 1 year. This includes applications, resumes, and other employment-related documents.
- State Law: California has its own Fair Employment and Housing Act (FEHA), which also requires employers to keep certain records for a period of 1 year. This includes applications, resumes, and other employment-related documents.
- Best Practices: While there is no legal requirement to keep applications on file for longer than 1 year, it is generally a good idea to do so. This can help you if you need to defend yourself against a discrimination lawsuit.
What Should You Keep on File?
The EEOC and FEHA require employers to keep the following records for 1 year:
- Applications: This includes any written or electronic applications for employment.
- Resumes: This includes any resumes submitted by applicants.
- References: This includes any references checked by the employer.
- Tests: This includes any tests administered to applicants.
- Interviews: This includes any interview notes or recordings.
- Hiring Decisions: This includes any documentation of the hiring decision.
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| How Long Do You Have To Keep Applications On File In California |
How Long Should You Keep Records?
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The EEOC and FEHA require employers to keep records for 1 year. However, it is generally a good idea to keep records for a longer period of time. This can help you if you need to defend yourself against a discrimination lawsuit.
What Happens if You Don't Keep Records?
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If you don't keep records, you could face a discrimination lawsuit. The EEOC and FEHA can also investigate your company if you don't keep records.
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FAQs
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- How to keep applications on file electronically?
- You can keep applications on file electronically by scanning them and saving them to a secure location.
- How to keep applications on file in a paper filing system?
- You can keep applications on file in a paper filing system by organizing them by date and storing them in a secure location.
- How to dispose of old applications?
- You can dispose of old applications by shredding them.
- How to know if you need to keep an application on file?
- If you are ever involved in a discrimination lawsuit, you may need to produce the application of the person who is suing you.
- How to protect yourself from a discrimination lawsuit?
- The best way to protect yourself from a discrimination lawsuit is to keep all of your employment records for at least 1 year.
Conclusion
There is no specific law in California that requires employers to keep job applications on file for a certain period of time. However, the EEOC and FEHA require employers to keep certain records for 1 year. It is generally a good idea to keep records for a longer period of time, as this can help you if you need to defend yourself against a discrimination lawsuit.
I hope this post was helpful and informative. Please let me know if you have any questions.
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Additional Tips
- Keep records in a secure location. This will help protect your records from unauthorized access.
- Organize your records by date. This will make it easier to find the records you need when you need them.
- Review your records regularly. This will help you ensure that they are accurate and up-to-date.
I hope you found this post to be interesting, informative, and perhaps even a little humorous. If you have any questions, please feel free to leave a comment below.
I would also like to add that it is important to consult with an attorney if you have any questions about your specific obligations under the EEOC or FEHA.
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