no law
requires employers to accept resumes or applications if there are no
openings, but an employer should either keep all unsolicited
applications, or throw them all away – "cherry-picking"
can easily lead to disparate treatment claims with the EEOC or a
state human rights agency
job
applications should solicit only job-related information
if a
potential question for the application will not help determine who is
the best-qualified applicant, do not ask it
at the
end of the application, let applicants know that by signing and
submitting the application, they give their consent for various things:
the
employer may verify any information given on the form
any wrong
or incomplete information can result in the applicant not being hired
or, if the problem comes to light after hire, it can result in
immediate dismissal from employment
the
applicant agrees to submit to any job-related medical exams or drug
tests that might be required
the EEOC requires employers to keep solicited job applications for at least one year – it is best to keep them at least 4 years, in order to exhaust all possible statutes of limitations for various employment law causes of action
