HR Corner – Should We Keep Records for Informal Applicants?

Question & Answer

Q: How should we keep records for informal applicants? A: No law requires you to accept or preserve resumes or applications when there are no available openings. As a best practice, we recommend deciding up front whether you will consider any unsolicited applications. You may choose to refuse unsolicited resumes entirely and refer applicants to your posted openings. If you choose to consider some unsolicited applications, however, you should keep all of them for two years after receipt. Cherry-picking and other forms of inconsistency can easily lead to disparate treatment claims with the EEOC or a state agency. And if a hiring decision was ever challenged, it would be hard to defend your position without any documentation.