Employee Access to Personnel Files

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27 Oct 2016

Effective January 1, 2017, HB 16-1432 provides that employees in the private sector will have a right to inspect their personnel files. Specifically, the new law provides that after January 1, 2017, employers must allow employees, at least annually, to inspect and obtain a copy of any part of that employee’s own personnel file(s). Such inspection shall occur at the employer’s office and at a time convenient to both the employer and employee. The law also provides that former employees may make one inspection of his/her personnel file after termination of employment. For former employees, access to personnel file(s) shall only be in the presence of a person responsible for managing personnel data on behalf of the employer (or someone designated by the employer). Employers may require employees or former employees to pay the reasonable cost of duplication of the documents. Accordingly, prior to January 1, 2017, employers should put in place the appropriate policies or procedures to allow for the access required under this new law, as well as the cost to be assessed for any copies provided.

Michelle B. Ferguson leads Ireland Stapleton’s Employment Law Practice. She can be reached at 303.628.3658 or mferguson@irelandstapleton.com.

What is written here is intended as general information, and is not to be construed as legal advice. If legal advice is needed, you should consult an attorney.