Human Resource Blog

Nevada Employee Files

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Management/Leadership
Complete Harassment Forms FMLA Administrator Kit Harassment Prevention Kit Sexual Harassment Kit Workplace Information Sheets

Can an employee’s confidential information be kept in a separate folder within the personnel files, or does it need to be kept in a different file cabinet?

Keep confidential files away from personnel files, preferably in an entirely different filing cabinet that is locked securely. This avoids making decisions based on an employee’s medical history. It helps prevent discrimination due not only to health, disability or pregnancy status but also to a worker’s membership in a protected group. Finally, it may be a practical move, helping a company to successfully defend against charges of discrimination.

There would be no point in having a confidential file if it were easily accessible. If it were next to the worker’s personnel file, for example, or even in a separate draw of the same cabinet, any supervisor with access to the personnel file would be able to tap into the confidential information as well.

HIPAA and the ADA are the two major pieces of legislation controlling employee confidentiality. The laws require that all medical records should be stored in a confidential file. That file, according to both acts, should be kept separate form payroll and other personnel data. They apply in Nevada and every other state in the union.

Companies should have three sets of separate files for each employee – the personnel file, the confidential file, and the so-called “I-9” file covering citizenship status.

Very often, companies will include not only medical information in a confidential file, but other information that could lead to managerial discrimination in areas of discipline, firing, job duties, and the like. The information could pertain to a worker’s “protected group” status as mentioned earlier. This would be her or his race, color, religion, sex, national origin, and age, when the worker is over 40.

Some will even keep test scores, credit reports, and reference checks in the confidential files. There are many that even keep payroll records in a separate file. But this is optional.

The purpose of an I-9 file is to guarantee that workers, whether citizens or not, are legally allowed to work in this country. So it will include information on citizenship status and country of origin. The law requires a separate, secure location for this information also. JH