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Keeping some & throwing out some resumes
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Keeping some & throwing out some resumes
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My company is small with infrequent hiring, and we want to go with a policy of throwing out unsolicited resumes. Is there any legal problem with that? Sometimes there are ones that look good that depa
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Forums  »  Topic Forums  »  Legal Forum  »  Keeping some & throwing out some resumes

Keeping some & throwing out some resumes

posted at 7/21/1999 8:32 PM EDT
Posts: 11
First: 6/16/1999
Last: 12/12/2000
My company is small with infrequent hiring, and we want to go with a policy of throwing out unsolicited resumes. Is there any legal problem with that? Sometimes there are ones that look good that departments want to hang on to in case they have an opening. What happens if we treat those differently?
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Keeping some & throwing out some resumes

posted at 7/22/1999 1:00 AM EDT
Posts: 833
First: 6/11/1999
Last: 8/23/2001
You are safest with an "all-or-nothing" practice of retention for unsolicited apps and resumes; letting the departments hang onto some and not others may be an exposure, since you don't know on which basis the department (accepted as "the company") retains them. If you have a non-discriminatory, business-based basis for keeping them on file (and can PROVE that basis if challenged), keep them centrally where you can control the exposure.

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Keeping some & throwing out some resumes

posted at 7/22/1999 1:21 AM EDT
Posts: 2217
First: 6/16/1999
Last: 12/13/2001
I would be uncomfortable giving individual department the green light to pick and choose the resumes they want to keep vs. those they want to discard because it entails an unnecessary risk of allegations of discriminatory hiring practices. A rejected applicant may claim, for example, that a particular department head discriminated against older applicants by screening resumes by date of graduation.

I don't think that this concern necessarily requires you to retain every unsolicited resume (you may have record retention requirements for solicited resumes). Your departments should notify HR of positions for which they want to hold resumes. HR can then retain all applicable resumes, which can then be evaluated should the decision be made to fill the position.
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Forums » Topic Forums » Legal Forum » Keeping some & throwing out some resumes

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