An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

A. S TATUTORY A ND R EGULATORY R EQUIREMENTS

1. F EDERAL A UTHORITIES Title VII mandates that a school retain many documents, including requests for reasonable accommodations, application forms, and records concerning hiring and selection for training or apprenticeship, for one year from the date the record is made or a personnel action is taken. 241 A school must also keep application forms or test papers completed by unsuccessful applicants and by all other candidates for the same position until the final disposition of a charge or action. 242 The ADA requires employers to keep the same records as Title VII and for the same period of time. 243 The school must keep medical records confidential and separate from other personnel records. The ADEA mandates that a school keep personnel or employment records including: (1) job applications, resumes, or other replies to job advertisements, including applications for temporary positions and records pertaining to failure or refusal to hire; (2) test papers in connection with employer-administered aptitude or other employment tests; (3) physical examination results considered in connection with personnel actions; and (4) job advertisements or notices to the public or employees regarding openings, promotion, training programs, or opportunities for overtime work. 244 These records must be maintained for one year from the date of the personnel action to which the record relates. 245 2. C ALIFORNIA A UTHORITIES Under California law, schools must keep all personnel or other employment records that deal with an employment practice which affects an employment benefit of any applicant, including applications and personnel, membership or employment referral records, for two years from the date they were made or three years after the termination of the individual’s employment, , whichever is later. 246 Schools must maintain certain relevant records of personnel actions, including original applicant identification records, and make them available upon request to any officer, agent, or employee of the Fair Employment and Housing Council (“FEHC”). 247 Applicant identification records include data regarding race, sex, and national origin of each applicant for the job for which he or she applied. It is also unlawful to conceal or destroy documents relevant to investigations initiated by the FEHC. 248 In addition, schools must maintain the results of any medical examinations on separate forms and accord these forms confidentiality as medical records, except that: (1) the school may inform supervisors and managers of restrictions on the work or duties of individuals with disabilities and necessary accommodations; and (2) the school may inform first aid and safety personnel, where appropriate, that the condition might require emergency treatment. 249

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 80