Generally 1-2 years for private sector employers. https://twc.texas.
- Civil Rights Act of 1964 – Employers are required to keep various employment records, including job applications, for one year from the date the application was received.
- Age Discrimination in Employment Act – Employers are required to retain employment applications for one year. There is language, however, that indicates if you are aware the applicant is over age 40, you should retain it for as long as two years.
- Americans with Disabilities Act – Employers are required to retain job applications and documents for one year. There is some variation based upon whether or not the applications are solicited or unsolicited, but the maximum retention is two years.
- Executive Order 11246 – If you are a government contractor and have less than 150 employees or a contract of at least $150,000 you must retain these records for one year. If you have at least 150 employees or more and a contract of $150,000, you are required to keep the records for two years. If you have a resume on hand, from a previous search, and decide to consider it for a new position months down the road, you will need to keep that resume or application for the time required based on the last viewing of the document (i.e. 1-2 years past the fill date of the second position).
A word of caution – if there is a discrimination charge or unlawful employment practice brought against the employer, employment applications must be retained until the matter reaches a resolution. This can get tricky if someone claims discrimination because they did not get a promotion; the employer is then required to keep all the applications received for that promotion until the claim is resolved. With a lengthy lawsuit and litigation, this could be an extended amount of time.
Here is another document you can use for Texas. It governs state agencies. But, when in doubt, you can use a retention time in this doc until you determine another window. https://www.tsl.texas.
Hope this helps!
October 2018