Employee and government access to personnel files: rights and requirements

A maze of record-keeping, disclosure, and privacy statutes and regulations, with accompanying case law, have created a boom in privacy law. Employers find themselves caught in this rising tide, torn between the often conflicting requirements. The issue of access to employee files--by employees, government, and unions--is one of the most difficult issues in this complicated situation. This article discusses recent developments in the field and aims to help readers thread their way through the maze of contradictions and pitfalls confronting employers.