Resume Spamming Creates Storage, Legal Snags 316
selan writes "Did you know that federal law requires companies to store a copy of every single resume they receive? This applies to emailed resumes too, regardless of whether the applicant got the company's name wrong or is applying for a job that doesn't exist at the company. Employers not in compliance risk being fined and could lose government contracts. The resulting storage problems are creating massive headaches at companies who are overwhelmed with bulk-emailed resumes. The Baltimore Sun has the story."
Another weapon (Score:3, Interesting)
What are we waiting for?!! (Score:5, Funny)
Re:What are we waiting for?!! (Score:5, Funny)
Forget that. I want a job at SCO!!! Don't you all?
Re:What are we waiting for?!! (Score:5, Funny)
"Um, Sir? We just got a shipment of 973 new lead-plate resumes. Some are several pages long, mostly system administration experience."
"Crap. What next? Put them in the file cabinet."
"We did, sir, but they fell through the floor and killed Bob in Accounting."
"Damn! Send someone down there with a come-along and move them down to the basement with the others..."
An excellent plan... (Score:5, Funny)
Cheers
-b
Re:What are we waiting for?!! (Score:3, Informative)
Company looking for experienced developers... (Score:5, Funny)
Bulk mailers welcome.
Re:Company looking for experienced developers... (Score:2, Funny)
Re:Company looking for experienced developers... (Score:2, Funny)
Nah, what you really need to do is send them some uuencoded ROT13'd latex documents. That'd get 'em good.
Re:Company looking for experienced developers... (Score:4, Funny)
Re:Company looking for experienced developers... (Score:3, Informative)
But that's against the law! (Score:5, Funny)
Microsoft, violating federal law? I'm shocked!
According to the article... (Score:2)
Re:Company looking for experienced developers... (Score:2)
use /dev/null for storage (Score:5, Funny)
Re:use /dev/null for storage (Score:5, Funny)
Re:use /dev/null for storage (Score:5, Funny)
Simple solution (Score:3, Funny)
Re:Simple solution (Score:2)
Sure, want a job as a résumé filer?
Re:Simple solution (Score:2)
Re:Simple solution (Score:4, Insightful)
If businesses ran at peak efficiency, there would probably be only about 10% employment. The rest of us would have to run around and find a way to make the market inefficient enough so that we can get food in our mouths.
The article also misses the cause of the problem. The problem is not too broad a defintion of an application. The problem is that the companies are storing the resumes in paper form. Storing the resumes in electronic form would save a few thousand acres of file cabinets and a few forests full of trees. Microsoft could fit all of its resumes on a $100 drive.
To be honest, I think companies revel in the tens of thousands of resumes they receive. When you have 100,000 resumes piled up, it makes it a lot easier for the company to hire who you want as you can flood the court will a torrent of documents when the lawyers come to sue, and when you have that many documents you can prove anything you want.
Re:Simple solution (Score:3, Insightful)
True, many companies are running at low efficiency, but that just means that they have to charge a lot more to hire all those extra people.
That extra cost goes into their prices, which drives up everyone else's costs.
I contracted for a year at a company that handled paychecks and benefits ivr (interactive voice response). The systems were incredibly inefficient, but they charged for each programmer hour back to the client.
We figured that if they designed their applications to not require a wh
Re:Simple solution (Score:3, Insightful)
In this case I'll tell any of these companies that if they want someone to setup a system to store resumes effeciently then just give me a call. All I hear from this article is 'whiiiiiiiine'. Honestly, a hdd costs about $1 a gig (for the price I've been paying). An average plaintext resume is less than 10k (and you can easily convert non-plaintext resumes). If my qui
Re:Simple solution (Score:3, Insightful)
We burn up our efficiency at our jobs by buying bigger inefficient cars.
The music industry got fat by creating an extremely inefficient mechanism for recording and distributing music. We've essentially eliminated the need to pay the high distribution
sic (Score:3, Funny)
'We feel we have to keep everything that comes to us even if they want to be a message therapist,' she said. 'I'd rather spend my time doing productive things than fighting a regulator ... having to explain what happened to a year's worth of resumes.'"
Personally, I'd rather be spending my time as a 'message therapist.'
Found this out last week (Score:5, Interesting)
Re:Found this out last week (Score:2)
Have they tried contacting the resume-spammer and telling him not to send any more copies of the resume?
Re:Found this out last week (Score:3, Insightful)
I wonder if you could pattern match the received resumes and only keep one copy if they're exactly the same?
Re:Found this out last week (Score:2, Funny)
Re:Found this out last week (Score:2, Funny)
Ah hah! (Score:2)
I'm bored, can't you tell?
NEVER!!! (Score:2)
Ted
Re:NEVER!!! (Score:2)
Does Uncle Sam play too? (Score:5, Interesting)
Re:BINGO! We'll fight spammers! (Score:3, Insightful)
What exactly is the government doing that you would want to attack it? Frankly, I would rather see the government move SLOWLY on regulations, than FAST and make plenty more infringing mistakes, even if it means more spam in the short run.
On average, governments do piss-poor work. They do worse when you rush them.
Bizarro World (Score:3, Insightful)
Re:Bizarro World (Score:2)
Re:Bizarro World (Score:2)
Re:Bizarro World (Score:3, Informative)
One of the reasons you have to keep the resumes on file is to cover your ass in case of EEOC discriminatory hiring suit.
Is this article just FUD? (Score:5, Insightful)
1. They never referenced any specific law or court
interpretation of a law.
What law are they talking about specifically? How can we
check to ensure our company practices are in compliance with
"the law". Does this law apply equally to all employers or
does it only apply to employers with federal contracts as
many of the equal opportunity laws do?
2. They throw out terms like "under it's most rigid
interpretation" and "the federal governments definition".
By who's interpretation? The courts? The Equal Employment
Office? Are there any court cases we can refer to in order
to further define these interpretations? Where is this
defined? How can we verify this?
3. They don't give any specific guidelines for battling the
problem.
Is this article just writting to freak people out? They
don't even mention how long you are "required" to keep the
resumes on file, only that many people keep them on file for
a year or two. Is this their preference, or is that what
this "law" specifies.
Overall, very frustrating and light on details. How can we as a
company change our policies to be in accordance with some law,
that is being rigidly interpreted by someone, somewhere?
Re:Is this article just FUD? (Score:2)
Some possible answers:
Re:Is this article just FUD? (Score:3, Interesting)
If a company is hurting that bad for
Re:That's not how it works though (Score:3, Interesting)
You don't? I do. htdig [htdig.org] with gzip/zip and word doc reading addons does a great job of looking inside all sorts of files for me all the time, compressed or not.
Nice try FUD-master.
It's true (Score:2)
Oh yes, it's very FUDdy. (Score:5, Informative)
The requirement at issue is found in the Equal Employment Oppoertunity Commission's regulations interpreting Title VII of the Civil Rights Act. Title VII prohibits employers of 15 or more persons from discriminating on the basis of race, sex, national origin, religion, etc.
The EEOC has issued regulations that interpret the law. Among those regulations are recommendations as to how long employers should retain various items of paperwork. The article stems from a misunderstanding as to the meaning of 29 C.F.R. s. 1602.14, which states:
What the article fails to acknowledge is that the EEOC's regulations are nothing more than recommendations, and are neither specifically enforcible by the EEOC nor binding on the Courts. Note 29 C.F.R. s. 1602.12: In other words, the article is pure FUD: the EEOC recommends that you keep applications and resumes for at least a year, but doing so is neither required nor something that you can be punished for. (As a matter of corporate policy, it makes sense to retain bona fide resumes for at least that long in case of litigation, but what is "smart" and what is "required by law" are often two very different things.)Re:Nope - its a real requirement (Score:3, Interesting)
At least in the US, nobody puts their race, gender or age[1] on their resumes. Does this mean that "applicant" is defined as "someone who has completed an application for employment", not simply "someone who sent email containing the words 'work experience' to careers@ourcompany.com"?
[1] Or "Health: excellent (mostly affected by the gym)"
and who could forget... (Score:5, Funny)
Re:Apache displacing IIS? (Score:3, Interesting)
There's no way this could be a problem with emailed resumes, given today's storage prices. However, the act of moving them all into the system might be costly if there's no decent CMS system in place...
CMS.... *shivers* I'm still reeling from the bad memories the last CMS thread produced.
heh (Score:2)
Heh, don't you love it when Mozilla stuff a form field and you don't notice?
I wonder how many of my posts have had this subject...
CMS? Who gives a fuck? (Score:3, Insightful)
All you have to do is to do is give them unique filenames (not hard -- a timestamp would suffice) and dump them to a harddrive. When the harddrive hits ~600 MB, burn it to CD, erase it, and toss the CD in a filing cabinet drawer.
Re:CMS? Who gives a fuck? (Score:3, Funny)
What, and pay a $1 piracy-tax to Mariah Carey's retirement fund? Bargain!
Re:Apache displacing IIS? (Score:3, Insightful)
The 0-10% of useful resumes you keep in whatever system you al
Personnel departments and spam filters (Score:5, Insightful)
Slippery slope legal question: Does this mean it's illegal to use spam filtering software that might catch a resume en-route to a personnel dept? If so, a very large proportion of companies are breaking the law.
Re:Personnel departments and spam filters (Score:2)
Yet another example of government... (Score:2, Insightful)
Re:Yet another example of /. libertarianism... (Score:2)
The New DoS! (Score:3, Funny)
All with names such as "I.P. Freely" and "Rod Johnson", degrees like 'PHD in Beastiality', and work experience like "1987-89: Instrumental in the success of bringing Vacuum Poo Forming(TM) to underpriveledged children.
Ummm... (Score:5, Insightful)
This is a no brainer. Most companies have places to put documents. Heck, there are great big systems that only do that, document management. Drop the resume into the document management system and set the rule to blow it away after the duration has expired. Nothing terribley exciting here.
If you are a small company, drop it onto a disk and toss it into a box labeled $current_year. This is not rocket science.
Companies being overloaded by this? Not likely unless they are so easily confused by managing documents, in which case should the company really be in the league of trying to get governement contracts?
I'm not sure there is such a law (Score:2, Interesting)
This is quite simply solved. (Score:5, Funny)
Re:This is quite simply solved. (Score:5, Informative)
Sadly, in the UK, there is a law specific to encrypted data that places the burden of proof on you. If you forget the key to some encrypted data that the government decides it wants to read, you can go to jail.
Fun huh?
Re:This is quite simply solved. (Score:3, Interesting)
Marutukku [rubberhose.org] or plain old destruction [blibbleblobble.co.uk]
Does anyone else find it worrying that a privacy system designed to withstand people being tortured is of most use in the UK?
Re:This is quite simply solved. (Score:2)
Re:This is quite simply solved. (Score:2)
Re:This is quite simply solved. (Score:2)
These regulations probably come from the "Prove that you are hiring in line with the local population/applicant pool". Aren't regulations fun
Whatever. (Score:3, Interesting)
I could be wrong. Perhaps throngs of G-Men are going to be canvassing the neighborhood urgently nabbing resume storage violators, the filthy rotten criminals that they are, but this doesn't seem like much of a post. For the large businesses for which this is a problem, my response, gosh, guys, sucks being you.
Well then ... (Score:5, Funny)
Cost/Benefit (Score:3, Interesting)
The underlying problem of a meddling nanny-state still remains and this is more evidence of it's obscenity.
Another obscenity is this bit towards the end:
How fortuitous that the reporter just happened to be writing this story within a few short weeks of the underlying beurocratic 'requirement' is being re-forged!
Re:Cost/Benefit (Score:2)
I can't imagine that the storage cost would ever be higher than the fine. Unless, of course, there isn't a fine, in which case the law has no real means of enforcement. The price of a 200GB drive less than $200. For the vast majority of companies that drive could hold every resume you receive in the next few decades. Paper resumes are more dificult to store but th
Re:Cost/Benefit (Score:2)
Result? Save everything so we can hand them a pile of crap the next time they bother us.
Reason #463 not to work at 7-11 (Score:2, Troll)
The guy might have been the most qualified national sales manager they could have ever encountered; perhaps he was laid off and had to work at 7-11 in order to make ends meet?
Re:Reason #463 not to work at 7-11 (Score:2)
But having some money coming in and being able to eat and pay the bills while you look for something else is better than not having a job and no income at all.
Re:Reason #463 not to work at 7-11 (Score:2)
Have you ever interviewed with a large hole on your resume? Most interviewers are brutal in this regards. Anything over 3 months they will pounce on. Poor economy or good economy wont matter. I even applied at Borders and the interviewer assumed I was lazy because I was laid off 3 months ago. He started asking questions like "How can I even know your going to show for work?".
If your in IT then the interviewer will understand. If he/she asks why you worked at a 7-11??
Say, I looked for IT jobs f
Re:Reason #463 not to work at 7-11 (Score:2)
Resume (Score:4, Funny)
Send this to your various levels of government. Query them later via a freedom of information action to ensure they've kept it on file.
My company refuses to take unsolicited resumes... (Score:4, Interesting)
Everyone send your resume to SCO!!! (Score:2)
Well no frigging wonder! (Score:3, Interesting)
Six months ago, when Infinity Consulting Group began looking for three new employees to upgrade computers, the company received more than 300 resumes and inquiries by e-mail.
...
The struggle was so tough for Infinity that it has yet to hire one of the three new employees it was seeking.
Maybe if they quit posting jobs they don't intend to hire anyone for, they would not be so overwhelmed. or maybe they could hire more HR or IT staff. If all the companies complaining about this hired a few people instead, they would not have this problem.
IANAL, but there is no requirement afaik for employers to look at all resumes. So maybe they have to store them all, but once they find the candidate they want to hire they can always close the position (and stop accepting resumes for it). Maybe some of those people they should be hiring could fix the software that handles the resume submissions (big companies like Dell, Microsoft, IBM, etc who get lots of resume submissions have automated software that puts a reasonable number of resumes in the hands of the person who is supposed to deal with it, and it can't be that hard to come up with a well designed system).
Absurd (Score:3, Insightful)
The govenment shouldn't dictate in any way what companies do with resumes. If a company decides that six months is an adequate amount of time to store resumes, they shouldn't face penalties.
I could see some argument made for storing resumes of all candidates for one year. "Candidates" might be classified as all people who receive a phone screen or an actual face-to-face interview. This could be useful data in discrimination lawsuits, both for the plaintiff and the defending company. I see no sense in Intel having to store high school dropout Johnny Kantspell's resume if they decide he's not quite qualified for Director of R&D.
Maybe there's some great reason why resumes should be stored; I'd love to hear them if there are some. Otherwise, kill this law and let companies do what they want with resumes.
Re:Absurd (Score:4, Insightful)
So, if you never make it to "candidate" status, you have less of a leg to stand on legally. To me, that will lead to some dork intentionally avoiding giving "candidate" status to some minorities. Since they don't have to save the resumes for non-candidates, they don't have to face the evidence in a discrimination lawsuit. That can't be the result you were looking for.
Yeah, the law makes things messy. But, suck as it may, the best way to prove that you weren't being racist in your hiring *is* to save all your applications, even Johnny Dropout's.
Big deal??? (Score:2)
terrific! (Score:4, Funny)
1) mass mail resume
2)*ring* 'what's that? you need more disk space? you don't say...'
Easy solution for us MS Exchange Users (Score:2)
Legally you are following this since all resumes can be retrieved from off site storage.
Sigh (Score:2)
Block the Bulk Resume Spammers (Score:2)
What? No resume posts? (Score:2)
What's the problem? (Score:2, Funny)
resumes (Score:3, Insightful)
Once the myth that a resume can get a person a job is finally put to rest companies will continue to be flooded with them.
My advice to anybody in this flat IT economy is as follows: 1. Get a job any job. If you aren't working, nobody is going to hire you. You are an "untouchable" when the imagine you at home in front of the T.V. Plus, companies can smell desperation and fear a mile away.
2. If you can't find a job in IT, find one that almost sounds like a technological position. This could include putting together computer desks for a "temp" agency--anything to break the inertia of unemployment.
This is just my humble opinion from years of watching resumes being filed like so many paper tombstones.
Spammer's Solution (Score:2)
Simple rules (Score:3, Insightful)
Im sure there are some common sense rules for dead-true resumes. I would hope they arent required to accept or file a resume printed on used toilet paper, or in 30 point type on a 4x8 foot sheet of plywood.
So same should there be some common sense rules for resumses - not required to accept or file resumes not in RFC-documented formats, for example, or perhaps even requiring them to be in plain text. Im sure the size of a DOC file for a given resume, compared to a plaintext version of the same resume, is at least similar to the comparison between a sheet of plyood as compared to a US-letter or A4 page of paper.
Allowing PDF format might be a consideration, since they could print those and add them to their dead-tree file. Of course, that would cost them money in ink and paper, which doesnt seem fair.
No, I think the best thing would be to ALLOW applicants to email resumes, but not require companies to supply the computer equipment or ink and paper to file them. If an applicant wants to force a company to file their resume, they should be required to pay for the paper and postage to send them a hardcopy.
Of course, nothing word prohbit a company from choosing to save or print/file resumes they got. So they still could if they wanted.
Need for more cabinet space... (Score:2, Funny)
you sent your resume ?? (Score:3, Insightful)
They dont really have to keep anything else.
For all you haydukers out there (Score:3, Insightful)
Of course I would never suggest a Distributed Resume Attack be implemented against any particular organization.
Worst case--what--you get a job.
Hey, Melinda, Where are we going to store all these Osama bin Lauden resmues?
Gee, Bill, I guess we could put 'em in the warehouse next to the Sadaam Hussein job applications.
Too funny. (Score:3, Insightful)
Of course, what is *really* funny is, these idiots are so technically inept that they consider dealing with a few thousand resumes *difficult*. Perhaps if they hadn't fired all the tech staff, someone in the office would be able to do the following:
1. Set up a shared directory on one of the office PCs, mapping that as a network drive for everyone else.
2. Inform people that whenever a resume comes in, they should save it to the shared drive in a subfolder named after the "applicant", along with attachments.
3. Have someone periodically dump the shared drive to a CD-Rom (say, when the shared folder hits 500MB?). Write the date on the CD label, and store it somewhere convenient. Then, clean out the shared folder.
4. Stop worrying and let all the HR suits go back to playing solitaire and tormenting "applicants".
Oh, but you'll say, "they get and track paper resumes, too -- what now, shared-folder-boy?"
Easy enough. On the same PC where you're storing the emailed resumes, hook up a fifty dollar scanner. When a resume comes in, have one of the interns scan it and save it in the shared directory and subdirectory named after the person. The additional space being used just increases the rate at which you're burning CDs.
Wanna go back and find someone's resume? Fetch the CD for the approximate time span in which the resume was sent and look the person up. This should take maybe ten minutes (including walking down to the file closet and digging up the CD).
Unless you're IBM or something, this should be more than sufficient. Companies like IBM have enough staff to create something a little more comprehensive.
Of course, most companies DID fire all the tech staff, so they're probably shit out of luck. Maybe if they give the homeless webmaster who sits in front of their building a doughnut or something, he'll put something together for them. Who knows? Or he might just spit in their eye, kick them in the shins, steal the doughnut, and walk away, muttering about "PR Flacks"...
Re:Too funny. (Score:4, Interesting)
The way I see it, the government is imposing a rather large financial burden on employers, just so the government can go have a look when they want to see if the employer is unfairly dicriminating against applicants.
This reminds me of the standard mortgage application. It has a box where you are required to indicate your race. Why should you have to indicate your race on a mortgage app? Only so the government can make sure the lender is not using that information. Not only is the lender required to collect information they aren't legally allowed to consider, the lender is required to guess the applicant's race if the applicant refuses to provide it.
Just another fine example of government stupidity.
resume spamming? (Score:5, Funny)
They haven't even stopped yet, and we're talking about letting them resume spamming?!
oh, wait... you meant "resumé", didn't you?
What about format? (Score:3, Interesting)
For example, emailing your resume will result in a bounce message saying that the company doesn't accept resumes via email. Then, have a webform that requires them to be uploaded and have one of those wavy-text checks.
Any thoughts on the legality of that?
What about resume _viruses_ (Score:5, Interesting)
Re:Why is this law exist? (Score:2, Interesting)
Re:Resume the Résumé (Score:3, Interesting)
But any idiot who actually uses the word 'Resume / Résumé' anywhere in a Résumé is automatically an idiot.
Hey look! It has contact info, eductaion, experience and professional goals, all in a standard format that looks blatantly familiar. But I have no idea what it is! Oh wait, it says 'Résumé' right there, oh good, I wasn't sure.
The word has