With the myriad of employment laws currently in existence, it
can be easy to overlook the importance of seemingly unimportant
items, such as interviews and job applications. But maintaining
certain records regarding employees, such as documents related to
recruitment, hiring, day-to-day performance and termination, is
crucial to avoiding potential liability for unfair hiring
This article will identify records you must keep from the
recruiting process. One note of caution regarding the requirements
discussed here: This article focuses on federal law and retention
requirements. Most state and local laws mirror federal
requirements, but some may require longer retention periods. Be
sure to check your state and local laws to ensure any longer
retention requirements are satisfied.
The recruiting process is an often overlooked aspect of the
employment relationship. Most employers do not pay it much heed
because they think they are not liable for what might be said or
done with respect to individuals who they choose not to employ. The
fact is that such individuals still are protected by federal, state
and local employment laws, and treating them improperly can result
in serious liability. Such liability can be premised on a number of
theories, including unlawful discrimination, harassment,
retaliation, privacy violations, contract claims and...
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