The Human Rights Commission requires employers to keep records on each employee and to retain these records for two years. The Alaska Department of Labor, Wage and Hour Administration, requires employee records to be kept for three years. While these records will not necessarily keep an employer from being filed against, they can prove invaluable in helping to determine the truth of the charges. A company should keep interview notes and records of the criteria used in evaluating candidates.
Many complaints deal with discrimination in the hiring process.
If employers set up standardized interviews and keep records of the hiring process, successful charges of discrimination would be less likely. Discrimination charges are often harder to prove if the records are adequate. Although the Commission approaches each case on its individual merits, it is usually the employer's job to show that the criteria used in the hiring process were fair and rational. Accurate and complete records can prove the employer's point. The best policy is to provide all hiring personnel with a set list of questions to be asked of all applicants during the interviews.