Employment Applications

seeleyhr

Our record retention for employment applications has always been 3 years. The owner feels there is a difference between applications and resumes. Can we dispose of resumes and only keep applications that have been signed? What is your retention level? Keeping for three years takes a lot of space.

Also, under HIPAA, how do you guard confidentiality of applications? Our managers like to bring in other employees on the second interview to receive their input. Does anyone else do this? If you do, do you let them see the application or just review the information that is necessary for the interview? Thanks for your help.

dchr9203

We keep our applications/resumes for one year. Also, info in employment applications is not considered "protected health information" and HIPAA is not an issue. Once the app is received by your company it becomes your property and can be shared within your organization. As a practice, it should only be done with those who have a need to know.

Dutch2

According to the "Federal Record Retention Guidelines" form that I have it states: Solicited resumes must be kept for one year (same as applications). Unsolicited resumes are not required to be kept, but recommened as good business practice. We keep both in a near by storage for one year.
Good luck,
Dutch2

seeleyhr

Social security numbers are on the applications as well as birthdates on the release information. Would this not be personal information that should be protected from other than the manager that would be reviewing the applciation?

SMace

They should not be able to see birthdates. SS#, probably not a good idea, but I don't know that it is against the law.

None of that info falls under HIPAA, which, in part covers Protected Health Information.

seeleyhr

Knew this was not health information but I also thought under the HIPAA guidelines or read it somewhere that birthdates and social security numbers are part of protected information that other employees should not have access to and is considered confidential information.

SMace

I'm pretty darn sure that the info does not fall under HIPAA.

I would keep the birthdates from the supervisors, because someone could establish an age claim. They knew I was 41 and that's why they didn't hire me. Then you have to prove it's not true. Depending on your supervisors, it may be more difficult to prove than you think.

Don D

No, only medical information falls under HIPAA and that would not involve anything pre-hire. Why does your application ask for SSN and DOB?

dynamite9551

the easiest way our attorney described for us regarding employment applications is: unsolicited keep 6 months; solicited, e.g, response to ads - keep one year. then shred. most applications do not contain any medical information, therefore, HIPPA does not apply. however, confididentialy should always be practiced as if the data was sacred!

good luck

dynamite9551

P. S. most applications today do not include birth information so determining one's age shouldn't be a factor and even if it was provided shoudl still not be a facotr. skills, abiity, education and overall personality should be the key factors.

seeleyhr

Our applications do not ask for birthdates; however, we go through ADP's Applicant Background Checks prior to hiring and their form does ask for birthdates. This is the major area of concern for me. We have offsite locations that do their own hiring but they come through me for background checks. I mainly just want to make sure that we are following the proper steps.

Don D

I'll make the assumption that a job offer has already been extended by the time you pay to have the background check run. By then, the decision has been made (conditioned on passing certain things) and the age of the person is not a factor. If rejected, the age would not be the reason, the background check would be.

The simplest process I've used is to retain all resumes and apps for at least one year. Keep them in a file during the year, box them up at the end of that year, and throw away that box at the end of the next year. So, you're keeping some of them 23 months and some of them 12 months, depending on when during the prior year they were received. At least your meeting the minimum requirement of various laws this way and you're not fretting over which month to throw something out.

Crout

A related question: How do you guys feel about asking for dates in regard to education and military service? It always semmed to me that it's quite easy to establish a ballpark age by looking at the year you graduated high school, college, and/or the dates of your military service.

SMace

We don't do it.

seeleyhr

Thanks to everyone for your input. I can advise supervisors to keep solicited resumes and applications for 6 months (as they are always calling me and asking for one or two back) and then send to me after that and my office can keep for one year and then shred.

My concern was letting other employees see the applications during a 2nd interview. We like to make sure that all employees are compatible and get other employees input.

I believe I can remove the social security number from the front of the application and it will just show on the release form for the background checks and this should solve the problem of confidentiality of this information.

We are a medical company and must do preliminary background reference checks (such as checking previous employment and reference checking) prior to hire. The release they sign informs this to applicants up front.

Don D

I would not count on supervisors sending me resumes back after one day, much less six months. If I were going to let go of resumes, it would be copies, not originals. You'll be lucky to ever get 1 out of 10 back.

seeleyhr

This company lets the manager do the chosing of applicants so the original applications and resumes go directly to the managers. I never see them until I do the reference checking, etc.