Information That should be excluded from An Employee's File

 

 

CAUTION
The following information is not intended to represent legal or other professional advice. If you have specific issues regarding personnel file contents, you should discuss them with your human resources consultant or lawyer.

 

Documents to be excluded from an Employee's file

 

Medical Records
  • Physician records of examination
  • Diagnostic records
  • Laboratory test records
  • Drug screening records
  • Any of the records listed above in the discussion on HIPAA
  • Any other medical records with personally identifiable information about individual employees

Investigation Records

  • Discrimination complaint investigation information
  • Legal case data
  • Accusations of policy/legal violations

Security Clearance Investigation Records

  • Background investigation information
  • Personal credit history
  • Personal criminal conviction history
  • Arrest records

Insupportable Opinions

  • Marginal notes on any document indicating management bias or discrimination (e.g.: "This guy's too fat. He'd never make it," or "She's too old for this job.")


 

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