Saving all those hiring records for employees and rejected candidates can be a big headache for HR. But here’s an example of how following record retention rules can pay off big-time:
In one recent case, a candidate sued the company for age and gender discrimination after she was denied a job.
Her lawyers asked the company to turn over the hiring records of other applicants and the employees who were hired for the same or similar positions. They were hoping to find evidence that the candidate was more qualified than the people who got hired.
The company refused, on the grounds that it wanted to protect the privacy of its employees.
The issue went before a judge, who sided with the candidate. The court ruled that privacy doesn’t trump the rights of parties in a lawsuit to gather evidence relevant to the case (Cite: Duck v. Port Jefferson).
How long to save hiring records
Remember: Federal laws require employees to save applications and resumes for two years. Some lawyers recommend keeping them for longer.
And, as long as managers are making fair and legal hiring decisions, those records should be able to help your organization fight bias claims from rejected applicants.
