Colorado Law on Access to Personnel Files: Employee Rights Explained

by | Jan 16, 2020 | Colorado Employment Law Blog

In 2016, Colorado law established requirements for private employers, except certain banking institutions, to provide employees access to their personnel files at least once per year. This right has long been available to public sector employees under the Colorado Open Records Act.

The legislature recognized that it is the public policy of Colorado for employees to access their personnel records maintained by current or former employers. The law, set forth at C.R.S. § 8-2-129, states:

“EVERY EMPLOYER SHALL, AT LEAST ANNUALLY, UPON THE REQUEST OF AN EMPLOYEE, PERMIT THAT EMPLOYEE TO INSPECT AND OBTAIN A COPY OF ANY PART OF HIS OR HER OWN PERSONNEL FILE OR FILES…”

Thus, under the law, an employer must allow an employee to inspect and obtain copies of their personnel file annually. For former employees, the law provides a one-time right to inspect their file after termination.

Key Provisions of the Law

The law specifies that access to personnel files must occur:

  • At the employer’s office.
  • At a time mutually convenient for both the employee and employer.
  • Under the supervision of a person managing personnel data or another designated employee.

The employer may require the employee or former employee to pay for the reasonable cost of duplicating documents.

What Constitutes a “Personnel File”?

The term personnel file is defined under C.R.S. § 8-2-129(1)(c) as documents or records used to determine:

  • Employment qualifications
  • Promotions
  • Additional compensation
  • Termination or disciplinary action

However, the law excludes specific categories of documents, including:

  1. Records legally required to be stored in a separate file (federal or state law).
  2. Confidential reports from previous employers.
  3. Records related to:
    • Active criminal investigations
    • Active disciplinary investigations by the employer
    • Active investigations by a regulatory agency
  4. Information identifying any person who made a confidential accusation against the requesting employee.

Employer Responsibilities and Limitations

The law does not require employers to:

  • Create or maintain personnel files for employees.
  • Retain personnel files for a specific period after employment ends.

Additionally, the law does not create a private right of action for employees who allege violations of the law. This means employees cannot directly sue for failure to comply with these requirements.

Colorado’s personnel file access policy underscores the balance between employee rights and employer confidentiality responsibilities. Employers should be aware of their obligations under Colorado personnel rules, while employees should understand their rights regarding employee file requests and accessing personnel files post-employment.

If you have questions about Colorado personnel file access laws, employer obligations, or employee file requests, the experienced employment law attorneys at Baird Quinn are here to help. Contact us today for expert guidance tailored to your needs.