AN ACT Relating to access to personnel records; amending RCW 49.12.240 and 49.12.250; adding a new section to chapter 49.12 RCW; and prescribing penalties.
Sec. 1. RCW 49.12.240 and 1985 c 336 s 1 are each amended to read as follows:Employee inspection of personnel file.
(1) Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect any or all of his or her the employee's own personnel file(s) within the time required under RCW 49.12.250.
(2) For the purposes of this section and RCW 49.12.250, 49.12.260, and section 3 of this act, "personnel file" includes the following records, if the employer creates such records:
(a) All job application records;
(b) All performance evaluations;
(c) All nonactive or closed disciplinary records;
(d) All leave and reasonable accommodation records;
(e) All payroll records; and
(f) All employment agreements.
(3) This section and RCW 49.12.250 may not be construed to:
(a) Create a retention schedule for records;
(b) Require an employer to create personnel records; or
(c) Supersede Washington state or federal privacy statutes regarding nondisclosure.
1985 c 336 s 1.
Destruction or retention of information relating to state employee misconduct: RCW 41.06.450 through 41.06.460.
Sec. 2. RCW 49.12.250 and 1985 c 336 s 2 are each amended to read as follows:Employee inspection of personnel file—Erroneous or disputed information.
(1) Each For any employer other than those specified under subsection (2) of this section:
(a) The employer shall make such provide a copy of personnel file(s) available locally within a reasonable period of time 21 calendar days after the employee, former employee, or their designee requests the file(s) at no cost to the employee, former employee, or their designee.
(b) The employer shall, within 21 calendar days of receiving a written request from a former employee or their designee, furnish a signed written statement to the former employee or their designee stating the effective date of discharge, whether the employer had a reason for the discharge, and if so, the reasons.
(2) Any employer subject to the requirements under chapter 42.56 RCW shall provide a copy of personnel file(s) when requested by the employee, former employee, or their designee in accordance with the procedures and requirements set forth in chapter 42.56 RCW. This subsection (2) does not limit or modify disclosure requirements under chapter 42.56 RCW.
(2) (3)(a) An employee annually may petition that the employer under subsection (1) or (2) of this section review all information in the employee's personnel file(s) that are regularly maintained by the employer as a part of his the employer's business records or are subject to reference for information given to persons outside of the company. The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the employer's determination, the employee may at his or her the employee's request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Nothing in this subsection prevents the employer from removing information more frequently.
(3) (b) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.
(4) For the purposes of this section, "former employee" means a person who separated from the employer within three years of the date of the person's request.
1985 c 336 s 2.
Sec. 3. A new section is added to chapter 49.12 RCW to read as follows:
(1)(a) An employee or former employee may enforce RCW 49.12.250(1) through a private cause of action in superior court and for each violation will be entitled to equitable relief, statutory damages, and reasonable attorneys' fees and costs.
(b) Prior to enforcing through a private cause of action, the employee or former employee shall give a notice of intent to sue to the employer. The notice of intent to sue must reference that the employee or former employee has the right to bring a legal action under Washington state law. The notice of intent to sue may be provided to the employer with the initial request for a copy of the personnel file or anytime thereafter. No cause of action arising from the failure to provide the complete personnel file may be commenced until five calendar days have elapsed after the notice of intent to sue is provided to the employer.
(2) The statutory damages for each violation are:
(a) $250 if the complete personnel file or the statement required under RCW 49.12.250(1) is not provided within 21 calendar days of the request;
(b) $500 if the complete personnel file or the statement required under RCW 49.12.250(1) is not provided within 28 calendar days of the request;
(c) $1,000 if the complete personnel file or the statement required under RCW 49.12.250(1) is provided later than 35 calendar days of the request; and
(d) $500 for any other violations.