Why should the I-9 form be separated from the employee's file?

The reason for separating the I-9 form from the employee's file primarily revolves around the prevention of discrimination lawsuits. The I-9 form is used to verify an employee's identity and authorization to work in the United States. If this form is filed alongside general employee records, it may inadvertently expose sensitive information related to the employee's immigration status or their citizenship.

Keeping the I-9 form in a separate file minimizes the risk of unintentional bias during hiring and employment actions, thereby reducing the potential for allegations of discrimination based on national origin or citizenship. It promotes a fair and equitable process, ensuring that decisions are made on the basis of job-related factors rather than potentially discriminatory considerations.

In contrast, while managing employee files more efficiently, complying with tax regulations, or maintaining confidentiality are important factors in human resources management, they do not specifically address the legal implications associated with the handling of I-9 forms and the risk of discrimination.