Recordkeeping Requirements

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Access to Duke or Department Personnel File(s) and Recordkeeping Requirements

Ordinarily, the only information that will be released from a staff member's personnel file in response to an outside inquiry will be job title and dates of employment, except in instances when further information is required to be divulged by law or by the audit provisions of an applicable contract or grant. A staff member may authorize the release of additional information (e.g., for bank, credit or employment references) by submitting a written request to the entity/department Human Resources representative or the Duke Human Resources office.

The following chart provides employment recordkeeping requirements.

Information	Retention requirement	Law
Staff member name and any identifying number used in place of the name used on any work records	4 years from tax due date or payment of tax, whichever is later	Social Security Act
Social Security Number	4 years from tax due date or payment of tax, whichever is later	Social Security Act
Staff member home address, including zip code	4 years from tax due date or payment of tax, whichever is later	Social Security Act
Date of birth if the staff member is under 19	3 years	FLSA Equal Pay Act
Date of birth of all staff members	3 years	ADEA
Gender of staff member	3 years	FLSA Equal Pay Act
Occupation of staff member	3 years	FLSA Equal Pay Act ADEA
Age records	No time period specified by law	ERISA
Service record to determine whether a staff member has worked 1000 hours or has incurred a break in service	No time period specified by law	ERISA
Marital status record	No time period specified by law	ERISA
Form I-9	3 years after hire or the date of recruitment or referral (if directed from an employment agency) or, after termination, for one year or 3 years after hiring, whichever is later	Immigration Reform and Control Act of 1986
Complete job application	3 years	Title VII ADA
Resumes or other forms of employment inquiry	3 years	ADEA
Other hiring material	3 years	Title VII ADA
Job orders submitted by an employer to an employment agency	3 years	ADEA
Test papers for a position if the test paper discloses the result of the test	3 years	ADEA
Results of any physical examination that is considered by the employer in connection with personnel action	1 year	ADA
Any advertisements relating to job openings	3 years	ADEA
Records of job movement (promotions, demotions, transfers)	1 year	Title VII ADA ADEA
Material relating to layoffs	1 year	Title VII ADA ADEA
Material relating to termination	1 year Records of involuntarily terminated staff members must be kept for a period of one year from the date of termination.	Title VII ADA
Selection for training or apprenticeship	1 year	Title VII ADA ADEA
Requests for physical job accommodation	1 year	ADA

*The safest course is to retain all records for 4 to 6 years.

Policy Details

hr@duke.eduLast Modified: Thursday, June 8, 2006