The information that you collect about employees is sensitive and few people should be allowed to see it, often not even the employee. Just as there is no federal law about keeping a personnel file, there are no federal laws about who gets access to it. A number of states, however, have passed laws that limit or otherwise regulate the employee's access to the personnel file.

Must you allow employees access? Despite technical ownership issues, a personnel file contains information about an employee that could affect his or her future. That employee frequently wants to know the information contained in the file, whether the information is correct, and to whom the information will be shown. We recommend that, whether or not your business is located in a jurisdiction requiring employee access, you allow reasonable access to personnel files as part of a policy of treating employees with fundamental fairness.

What restrictions can you place on access? Several states have laws that govern the answer to this question, but you may want to consider the following. You can:

• Limit the frequency of access to a specified number of times per year or to a reasonable frequency of access.
• Require advance requests for access so that you have time to review the file or to transfer the file from a computer file to paper.
• Specify the time or place of viewing a file so that it will interfere as little as possible with the working time of both the employee and the employer.
• Require that a personnel file be viewed only in your presence or the presence of someone designated by you in order to safeguard the integrity and the contents of the file.
• Depending on state law, you may also limit the information that the employee can see.

The following chart summarizes state laws regulating access to personnel files. Click on your state on the map for a summary of which laws, if any, your state has that regulate access to personnel files.

Can you limit the information employees can see? State law may permit your company to limit the information to which the employee must be given access. You may, however, provide access to more information than the state requires. Typically, employees must be given access to information used by you to determine the employees' qualifications for employment, promotion, and additional compensation, as well as information about discipline and terminations.

What types of information may be withheld? Some states permit you to withhold certain types of information from employee access, including certain medical records and information on other employees. Other states do not address the issue, so handle it in such a way that will best serve your business's interest.

Can the employee copy the file? Generally, the employee may either make a copy or request a copy of all or part of the information found in the employee's personnel file. In most states, you may charge the employee for the cost of making the copies. You may also specify whether the employee may make the copies or whether he or she may only request a copy from you.

What if the employee disagrees with information in the file? A few states' laws address the issue of the procedure you should follow. Whatever state your company is in, you should establish a policy to follow in such an event.

Typically, when an employee disagrees with information found in the employee's personnel file, you and the employee may agree upon the removal or correction of the information. If you cannot agree upon the removal or correction, the employee should be permitted to submit a written statement explaining his or her position. The statement becomes a permanent part of the employee's personnel file and must accompany any transmittal or disclosure from that file to anyone else who's allowed to see it.

Who else can see the file? Only other supervisors or managers in the business may be allowed access to files, on a need-to-know basis only.

If a lawsuit is brought against your business, you have the option of protecting the privacy interests of other employees by refusing to turn over personnel file information requested in the suit until forced by a subpoena. Even then, you should insist that the order be as narrow as possible and that any information sought should relate directly to the allegations in the suit.

If the government audits you for certain recordkeeping requirements, and the records are in personnel files, then they get the whole file, unless you take out the pieces they want individually.

Select a state from the map below to get information on that state's employment laws:

Access to Personnel Files in Alaska    choose another state

Law Affects Private Employers: Yes Advance Request Required: No Access to Information Limited: No Information Can Be Copied: Yes Employer Agent Can Be Present During View: No Dispute Procedure Specified: No File Retention Period Specified: No Fine, Penalties Provided: No

Access to Personnel Files in Alabama    choose another state

Alabama has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Arkansas    choose another state

Arkansas has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Arizona    choose another state

Arizona has no law on access to personnel files that applies to private employers.

Access to Personnel Files in California    choose another state

Law Affects Private Employers: Yes Advance Request Required: No Access to Information Limited: Yes Information Can Be Copied: No Employer Agent Can Be Present During View: No Dispute Procedure Specified: Yes File Retention Period Specified: No Fine, Penalties Provided: No

Access to Personnel Files in Colorado    choose another state

Colorado has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Connecticut    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: Yes Dispute Procedure Specified: No File Retention Period Specified: Yes, at least one year after termination of employment Fine, Penalties Provided: No

Access to Personnel Files in District of Columbia    choose another state

D.C. has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Delaware    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: No Employer Agent Can Be Present During View: Yes Dispute Procedure Specified: Yes File Retention Period Specified: No Fine, Penalties Provided: Yes

Access to Personnel Files in Florida    choose another state

Florida has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Georgia    choose another state

Georgia has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Hawaii    choose another state

Hawaii has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Iowa    choose another state

Law Affects Private Employers: Yes Advance Request Required: No Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: Yes Dispute Procedure Specified: No File Retention Period Specified: No Fine, Penalties Provided: No

Access to Personnel Files in Idaho    choose another state

Idaho has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Illinois    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: No Dispute Procedure Specified: Yes File Retention Period Specified: No Fine, Penalties Provided: Yes

Access to Personnel Files in Indiana    choose another state

Indiana has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Kansas    choose another state

Kansas has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Kentucky    choose another state

Kentucky has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Louisiana    choose another state

Louisiana has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Massachusetts    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: No Dispute Procedure Specified: Yes File Retention Period Specified: Yes, three years after employee's termination Fine, Penalties Provided: Yes

Access to Personnel Files in Maryland    choose another state

Maryland has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Maine    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: No Information Can Be Copied: Yes Employer Agent Can Be Present During View: No Dispute Procedure Specified: Yes File Retention Period Specified: No Fine, Penalties Provided: Yes

Access to Personnel Files in Michigan    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: No Dispute Procedure Specified: Yes File Retention Period Specified: No Fine, Penalties Provided: Yes

Access to Personnel Files in Minnesota    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: Yes Dispute Procedure Specified: Yes File Retention Period Specified: No Fine, Penalties Provided: Yes

Access to Personnel Files in Missouri    choose another state

Missouri has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Mississippi    choose another state

Mississippi has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Montana    choose another state

Montana has no law on access to personnel files that applies to private employers.

Access to Personnel Files in North Carolina    choose another state

North Carolina has no law on access to personnel files that applies to private employers.

Access to Personnel Files in North Dakota    choose another state

North Dakota has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Nebraska    choose another state

Nebraska has no law on access to personnel files that applies to private employers.

Access to Personnel Files in New Hampshire    choose another state

Law Affects Private Employers: Yes Advance Request Required: No Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: No Dispute Procedure Specified: No File Retention Period Specified: No Fine, Penalties Provided: No

Access to Personnel Files in New Jersey    choose another state

New Jersey has no law on access to personnel files that applies to private employers.

Access to Personnel Files in New Mexico    choose another state

New Mexico has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Nevada    choose another state

Law Affects Private Employers: Yes Advance Request Required: No Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: No Dispute Procedure Specified: No File Retention Period Specified: No Fine, Penalties Provided: No

Access to Personnel Files in New York    choose another state

New York has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Ohio    choose another state

Ohio has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Oklahoma    choose another state

Oklahoma has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Oregon    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: No Dispute Procedure Specified: No File Retention Period Specified: Yes, at least 60 days after employee's termination Fine, Penalties Provided: No

Access to Personnel Files in Pennsylvania    choose another state

Law Affects Private Employers: Yes Advance Request Required: No Access to Information Limited: Yes Information Can Be Copied: No Employer Agent Can Be Present During View: Yes Dispute Procedure Specified: Yes File Retention Period Specified: No Fine, Penalties Provided: No

Access to Personnel Files in Puerto Rico    choose another state

Puerto Rico has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Rhode Island    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: No Employer Agent Can Be Present During View: Yes Dispute Procedure Specified: No File Retention Period Specified: No Fine, Penalties Provided: Yes

Access to Personnel Files in South Carolina    choose another state

South Carolina has no law on access to personnel files that applies to private employers.

Access to Personnel Files in South Dakota    choose another state

South Dakota has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Tennessee    choose another state

Tennessee has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Texas    choose another state

Texas has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Utah    choose another state

Utah has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Virginia    choose another state

Personnel records containing information concerning identifiable individuals are generally exempt from inspection and copying by Virginia citizens under the state's Freedom of Information Act, but access may not be denied to the person who is the subject of such records. Any person who is the subject of any personnel record and who is 18 years of age or older may waive these protections in writing.

Access to Personnel Files in Virgin Islands    choose another state

No information available.

Access to Personnel Files in Vermont    choose another state

Vermont has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Washington    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: No Employer Agent Can Be Present During View: No Dispute Procedure Specified: No File Retention Period Specified: No Fine, Penalties Provided: No

Access to Personnel Files in Wisconsin    choose another state

Law Affects Private Employers: Yes Advance Request Required: Yes Access to Information Limited: Yes Information Can Be Copied: Yes Employer Agent Can Be Present During View: No Dispute Procedure Specified: No File Retention Period Specified: No Fine, Penalties Provided: Yes

Access to Personnel Files in West Virginia    choose another state

West Virginia has no law on access to personnel files that applies to private employers.

Access to Personnel Files in Wyoming    choose another state

Wyoming has no law on access to personnel files that applies to private employers.

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