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Recordkeeping Rules for Job Applications

Ninja Gig provides software that specializes in accepting job applications, which helps to streamline Human Resources’ job. However, the federal government still has requirements about keeping job applications, whether they are received in-person or online. Outlined below are the specific federal regulations and their stipulations for maintaining copies of job applications.

  • Age Discrimination – Under this federal act, employment applications must be retained for one-year; however, if anything on the application indicates that an applicant may be over 40 years of age, all necessary paperwork is to be retained for two years. Some states that have adopted the 40 years and older rule for age discrimination, while others have rules about age discrimination starting at 18 years of age. It is best to check with each individual state.
  • Americans with Disabilities Act – This requires that applications be kept a minimum of one-year and a maximum of two years.
  • Civil Rights Act of 1964 – Employers must keep job applications and other necessary employment records for one-year.
  • Executive Order 11246 – This is a more complicated rule and applies to government contractors that have less than 150 employees, or a contract of at least $150,000. If the two aforementioned conditions are met, employers must maintain records for a minimum of two years. If a previous resume is reconsidered for a new position, the date of time to retain the document restarts.

There are some exceptions to the above rules. For example, if a company is facing an unlawful employment practice or discrimination charge, an employment application must be retained until all legal issues are resolved.

Many employers opt to save applications and resumes online, which makes it easier to save and later destroy these documents. To be on the safe side, it is recommended that employers retain job applications and resumes for two years.

The beautiful thing about using online application software like Ninja Gig is that long-term storage becomes a breeze, as we keep all applicant data stored securely, indefinitely!  Even if you choose to “delete” an applicant, we keep that data archived and can easily recover the application.

This, and many more reasons, are why you should be accepting employment applications online!  You can use our job application template or create your own custom job application, and start receiving applications immediately.  Sign-up for our 30-day free trial of our software and see how simple the hiring process can become.