Does Your State Let You Look At Your Personnel File?

If you are a Federal employee, the Privacy Act of 1974 gives you various rights to your personnel records. If you are a private-sector employee, you have limited rights to view your personnel records. Most of your rights, to the extent they exist, vary depending on the state in which you live.

AHI Publications has generously allowed anyone to open it library of HR reports, including one on personnel file laws by state

which provides a nice summary of personnel file laws for each state. You will see there, for example, that Colorado’s personnel file laws covers only public sector employees, as does Kentucky and Indiana.

States such as Minnesota, while providing access to personnel files, also limit the rights of employees to view certain records, such as written reference letters and certain test scores.

Although it is a useful summary, you should also check the details of each state’s laws if you are doing business in that state. Illinois’ law, for example, only covers organizations with 5 or more employees.

Go here for the complete AHI document summarizing state laws on personnel files and records.