Personnel Files

What is the name of your state? California

I'm not sure where to post my question regard this..however is there any law in California (state or federal) that states that we need to keep personnel records seperate from I-9, Medical, etc? I went to a conference and they said it is a good idea, however someone at my job is telling me that it is a law. I want to make sure we are in compliance.

Law? Not really. But recommended and smart thing to do? Yes.

The reason you don't want I-9s in the personnel files is because, should there be an audit, you don't want to have to go to individual files to pull the documents. In addition, you don't want the INS (or whatever it's called these days) to have access to any other documents than what they are asking for. That is true of any audit.

The reason you don't want medical information in the general file is that you don't want anyone outside those you "need to know" to know about the employee's medical history or conditions. Should a supervisor or manager request the file, and such information is in there that could hypothetically be used to make employment decisions, you might be hard-pressed to prove that they were not so used, should a case of discrimination or disparate treatment be filed. If the information is not known, it can't be used.

Patty is correct about the I-9; it is a recommended best practice that the I-9's be filed separately although it is not a law.

However, the Americans with Disabilities Act specifically requires that medical information be stored separately. That IS required by law.

It should be noted that the ADA's restriction on maintaining the confidentiality of medical records and storing them separately applies to medical records compiled for the purposes of the ADA, particularly pre-employment medical exams and medical records associated with requests for reasonable accommodation.

Even so, I'd hate to try to make that distinction as a defense if someone complained.

I can understand that you or your company wouldn't want to be in the position of defending your actions against a challenge. It's really easier and simpler to establish procedures that require the separation of medical information from other personnel documents. My only point is that the ADA doesn't include a general, blanket requirement covering all medical information collected by employers. I don't want readers to think there is, so inform management and end up disadvantaged because of a misunderstanding about the prohibitions of the ADA.