Certain federal and state laws require employers to retain various documents related to their recruiting and hiring practices. These documents include: job advertisements, job applications, resume and job inquiries, interview records, preemployment tests, medical tests, and records regarding an employer's refusal to hire. The length of time employers are required to retain each specific document varies.
In order to ensure legal compliance, employers should adopt recordkeeping policies and perform internal audits.
Employers should also be aware of recordkeeping requirements if a claim or lawsuit is filed against them. Notice of a potential claim or lawsuit, requires employers to maintain the records for the entire time the claim or lawsuit is pending.