ABA Family Legal Guide

Law and the Workplace

On the Job

Privacy in the Workplace

Do employees have a right of access to their personnel files?

The Privacy Act allows federal government employees to have access to their records and to make a copy of any portion of the documents. It also provides for a procedure by which federal employees can challenge the information contained in their files.

Several other laws apply to the private sector. The Occupational Safety and Health Administration (OSHA) requires private employers to give employees access to medical records that the law requires employers to maintain when employees are exposed to potentially toxic materials at work.

The National Labor Relations Act (NLRA) imposes a duty on the private employer to disclose to unions information that is necessary and relevant for collective bargaining purposes, which can include access to employee personnel files. There is, however, no duty to disclose such information directly to the employee.

Approximately fifteen states, including California, Massachusetts, Michigan, and Wisconsin, grant employees access to their personnel files. Some of the statutes also provide for procedures by which employees can challenge information in their files.