Preserving Recruiting Records

Be sure to retain the records generated during the recruiting and hiring process. Here are some guidelines on how long to keep such records.

Reference checks should be included as part of the hiring papers and kept in the employee’s personnel file so long as the employee works for your company.

Treat an ex-employee's reference records and reports as merely part of that ex-employee's personnel file. A common rule of thumb is to keep an ex-employee's personnel file for seven years.

Don't throw out records of your reference checks on unsuccessful applicants. They are considered part of the employment records "having to do with hiring" that the Equal Employment Opportunity Commission requires you to keep for at least one year after the date of the employment decision (if you have 15 or more employees).

If a discrimination charge has been brought or any court action has been pursued, retain all relevant records until the matter has been resolved.

It’s difficult to decide how long to keep applicant’s records where there are no definite rules. There are two competing lines of reasoning.

Suppose an applicant subsequently challenges the basis for an employment action you took, and you've discarded the records. It will be difficult for the applicant to establish that your decision was improper in the absence of any written records of how the decision was reached. If you have written records, an attorney might be able to find some proof of discrimination in the records.

On the other hand, if someone charges you with hiring discrimination, for example, your records can establish that your hiring process has always been fair and nondiscriminatory. If you feel safer with documentation of your hiring process, you should keep personnel records for seven years after an employee leaves.