Human Resource Blog

Employees file confidential

Are employees files confidential and who can gain assess to the files and is there a federal law code?

Employee files are created by employers with supplies purchased by employers, so they belong to the employer — not the employee whose name is on the front. Normally there are three different sets of files: the personnel file, the confidential file, and the I-9 file. Confidential files contain any medical information, as well as protected information on test scores, credit reports, etc. The I-9 files contain the I-9 and any copies of the supporting documents. The personnel file contains everything else.

The ADA requires that employee health information be kept confidential, and not be the basis of employment decisions. HIPAA requires that employee medical information remain private, but has very limited applications to the workplace.

There is no federal law that requires employers to share employee files with anyone, including the employee. Some states have laws that require that an employee be given a copy of his or her files, if the employee requests. Other states, such as Texas, have laws that restrict the employer from sharing certain information (the social security number) with anyone outside the company. And, if an employment lawsuit is filed, the files may be subpoenaed. In that case, the employer would have to share them with the court.