Personnel Records: US

This Personnel Records policy explains how your organization maintains employee personnel files and how employees can request access, copies, and the ability to add a written response when they disagree with something in their file. Federal laws like the Americans with Disabilities Act (ADA) influence what information must be handled confidentially, but the biggest compliance drivers are state and local personnel records access laws that set specific rules on timing, format, fees, and what can be withheld. A clear, consistent policy helps you meet those requirements, protect sensitive information, and set straightforward expectations for current and former employees.

The History Behind Personnel Records Policies in the US

Personnel Records policies are a result of employers collecting employee data and employees wanting to see that data. Early drivers included payroll and tax record-keeping, then the postwar expansion of employer-provided benefits, which turned a "file" into a running history of pay, performance, discipline, and eligibility. State legislatures later put rules around access and corrections, with personnel file inspection laws in states like California (Labor Code 1198.5), Illinois (Personnel Record Review Act), Massachusetts (M.G.L. c. 149, Section 52C), and Washington (RCW 49.12.240). That legal backdrop is why most employers now treat Personal Information & Employee Records as a compliance topic, not just an administrative chore.

Federal discrimination law also pushed personnel files into the spotlight because the file often becomes the story a judge or agency reads first. Title VII, the ADEA, and the FLSA made documentation matter, and the EEOC's record-keeping rules (29 C.F.R. Part 1602) made retention a requirement, not a preference. Courts reinforced the point through the McDonnell Douglas burden-shifting framework, which rewards employers who can point to consistent, dated records and punishes employers whose files look improvised or backfilled. Employers responded by standardizing what goes into the file, how corrections work, and how to handle requests without turning every review into a debate.

Privacy and medical confidentiality rules added another layer and made "one file for everything" a bad idea. The ADA requires medical information to be kept confidential and stored separately from general personnel records (and shared only on a need-to-know basis), which changed how HR teams structure files and access controls. A Personnel Records policy is a practical way to set boundaries around access, timing, data retention, and separation of sensitive records while keeping the core employment file usable.

Which Law is the Personnel Records Policy Meant to Comply With?

If you create and distribute a Personnel Records Policy for your US-based employees, ensure it complies with the US's Americans with Disabilities Act (ADA), the EEOC's record-keeping rules, and various state laws that regulate employee records.

How to Write a US-Specific Personnel Records Policy

• Start with "why" and introduce the concept by explaining that your organization keeps personnel records to support employment administration and maintain accurate employee information.
• Define what a personnel file generally contains, including personal details and employment-related records.
• Require employees to keep their personal and contact information current by reporting updates through your designated process.
• Explain how employees can request to review their personnel file or obtain copies of documents.
• State that employees may submit a written response to dispute or explain items in their file, and that the response will be kept with the related record.
• Note that certain confidential records may be excluded from employee review.
• Address whether, and in what general circumstances, former employees may request access to their personnel file as allowed by law.
• Incorporate requirements stemming from state law for the states in which you employ people.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

You can comply without putting this in your handbook or otherwise publishing it to employees, but including it usually pays off. A short policy helps employees find answers without a ticket to HR, and it helps supervisors handle situations the same way across teams. If you're intentionally keeping your handbook lean, this can live in another easy-to-find policy hub, but make sure employees can actually access it and managers know where to point people. 

Other Considerations

Check state laws for rules around how quickly you must respond to employee requests, how long after separating a former employee can request records, and more.

Exceptions

None.