Preservation Time Doubled for Personnel Records

California’s Fair Employment and Housing Act (FEHA) prohibits employers from discriminating, harassing, or retaliating against workers on the basis of protected classifications such as race, religion, gender, disability, and the like.  To protect employee rights, FEHA has long required employers to preserve personnel records for no less than two years.

Starting January 1, 2022, Senate Bill (SB) 807 requires companies to “maintain and preserve any and all applications, personnel, membership, or employment referral records and files for a minimum period of four years after the records and files are initially created or received,” and to “retain personnel files of applicants or terminated employees for a minimum period of four years after the date of the employment action taken.”

Take-Away:  Employers should implement or confirm policy that securely preserves personnel records for current workers, former employees and applicants for a minimum of four years.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Workplace Discrimination Prevention: California’s Fair Employment and Housing Act, A History (March 26, 2021)
• Preventing Discrimination in a Pandemic: California’s Expanded Guidelines
  on Workplace Vaccination Practices (March 11, 2021)
• Time’s Up, Extended: Longer Three-Year Deadline For Initiating Discrimination Claims (January 10, 2020)

Helena Kobrin
December 17, 2021