Unless your state has a statute (or case law) governing access to personnel files, your employer is not required to let you view your file. It is normally considered to be the employer’s property, even though the file is about you.

In order to avoid running afoul of the Americans with Disabilities Act, employers should keep medical records separate from other personnel records. This is to avoid your supervisors’ unnecessarily seeing information about physical or mental problems which have no direct bearing on your ability to perform your job.

If you are a public employee, your state may allow public access to certain information in your file. Many states exempt performance evaluations, disciplinary actions, and medical information from public access.

(Reviewed 9-08)