Spring cleaning can wait: retaining recruitment records for nonhired applicants

Q How long should we retain recruitment records such as job applications and interview notes for candidates who aren't hired?

Several federal laws require retention of recruitment and hiring records for at least one year and in some cases at least two years. A good rule of thumb is to retain hiring records for at least two years.

Hiring records include, but are not limited to, all applications and résumés considered for the position, selection testing (employment tests, drug tests), and investigations (reference, background, or credit checks).

Federal contractors and subcontractors with fewer than 150 employees or operating under a government contract of less than $150,000 must also retain hiring records for one year under applicable federal regulations. Federal contractors exceeding those limitations must retain hiring records for two years.

In addition, all employers should be sure to preserve records related to current or reasonably anticipated lawsuits or equal employment opportunity (EEO) charges until advised by counsel that they may be disposed.

Although Colorado law now requires employers to give employees access to their personnel files—including records relating to their qualifications for employment—it doesn't impose additional burdens on private employers in the area of job hiring and recruitment records retention.

Rob Thomas is an attorney with Holland & Hart LLP in Denver, Colorado. You can reach him at rmthomas@hollandhart.com.