Personnel records contain a host of private information about employees. Oftentimes, employees wish to access the information in their personnel files to determine whether it is accurate or complete. Employers may wish to shield this information to protect the privacy of other employees or simply to shield employment decisions from scrutiny. This article summarizes the rights of employees to view or inspect the information contained in their personnel files.

Typically, personnel files include highly personal and sensitive information, including:

* Social security numbers

* Birth dates

* Addresses

* Performance Appraisals

* Letters of Recommendation or Reference

* Results of preemployment screens

* Details of Disciplinary Actions

* Investigation results

* Termination information

* Immigration forms

Under federal law, medical records are not be retained in a standard personnel file. They are to be filed separately.

Whether an employee may access his or her personnel file depends upon the law of the state where he or she lives, whether he or she is a public or private employee, and the individual policy of the employer. There is no federal law as of 2004 requiring private employers to provide their employees with access to their personnel files.

State Law

Just under 20 states have laws granting employees and sometimes former employees at least some form of access to their personnel files. Some of these laws allow employees to merely inspect the records and report any errors. Other laws allow employees to copy at least portions of their files for their own records.

Employer Policy

In the absence of a law requiring employee access to personnel records, many employers nonetheless maintain policies granting such access. Such access helps to ensure that employee records are accurate and complete. It also promotes an atmosphere of openness and trust.

Federal Employees

Pursuant to the Privacy Act of 1974 and its implementing regulations, federal employees and former employees have the right to request copies of their official personnel folders. Included in these folders are:

* Records showing that the employee's federal appointment was valid

* Records verifying the employee's military service credit for leave, reduction-in-force, or retirement

* Records establishing the employee's employment history - including grades, occupations and pay

* Records indicating the employee's choices under federal benefits programs

Employees who believe, upon inspection, that their records are incorrect, may request formal corrections of their files.

Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.