Retain every resume and application especially if you're facing a legal dispute.

When you receive resumes and applications for open positions, it's best to keep those documents even if they are from people you don't end up interviewing.

Here's why: If you are later sued for hiring discrimination, you may need those documents to justify your decision.

While rules for recordkeeping vary by federal and state law (and by regulatory agency), general EEOC standards say you must keep most employment records for at least one year after discharge. Plus, if an employee has filed a complaint or lawsuit, you must put a "litigation hold" on any related records until the matter is resolved.

Recent case: Kathleen applied for a job, but she wasn't even selected for an interview. Management said she was rejected because she didn't have the experience the company was seeking. Specifically, the employer wanted someone with experience influencing Japanese corporate boards.

Kathleen sued, claiming she had all the experience needed but was rejected based on her age and sex. She claimed that she had worked for a Japanese-owned company. Plus, she led church group trips to Japan for 12 years.

But the company was ready. It had kept her resume, which made no mention of either her work with the Japanese company two decades ago or her travel experience in Japan. The court tossed out her suit, concluding that because Kathleen's resume didn't reveal her experience--and she couldn't prove that she let anyone know another way--the company wasn't expected to know about her background. (Huggins v. Walbro, 9th Cir., 2019)

Note: Federal contractors have different, longer retention requirements for personnel records. So do many state laws. Always check with your attorney before destroying employment-related records.

Online resource For a one-page cheat sheet on retention periods for 100 different types of business records, go to www.theHRSpecialist.com/BizRecords.

How long to keep various personnel records?

While employee document retention...