§ 28-6.4-1 - Inspection of files.
SECTION 28-6.4-1
§ 28-6.4-1 Inspection of files. – (a) Every employer shall, upon not less than seven (7) days advance notice,holidays, Saturdays, and Sundays excluded, and at any reasonable time otherthan the employee's work hours and upon the written request of an employee,permit an employee to inspect personnel files which are used or have been usedto determine that employee's qualifications for employment, promotion,additional compensation, termination, or disciplinary action. This inspectionshall be made in the presence of an employer or employer's designee.
(2) The employee shall not be permitted to make any copies ofnor remove his or her personnel file from the immediate place of inspectionlocated on the business premises.
(3) The employer may charge the employee a fee reasonablyrelated to the cost of supplying copies of requested documents.
(4) This section does not apply to records of an employeerelating to the investigation of a possible criminal offense or recordsprepared for use in any civil, criminal, or grievance proceedings, any letterof reference, recommendations, managerial records kept or used only by theemployer, confidential reports from previous employers, and managerial planningrecords.
(b) Employers are not required to permit an inspection of anyemployee's personnel file or records on more than three (3) occasions in anycalendar year.
(c) An employer that, upon request by a prospective employeror a current or former employee, provides fair and unbiased information about acurrent or former employee's job performance is presumed to be acting in goodfaith and is immune from civil liability for the disclosure and theconsequences of the disclosure. The presumption of good faith is rebuttableupon a showing by a preponderance of the evidence that the informationdisclosed was:
(1) Knowingly false;
(2) Deliberately misleading;
(3) Disclosed for a malicious purpose; or
(4) Violative of the current or former employee's civilrights under the employment discrimination laws in effect at the time of thedisclosure.