Employers Prohibited from Retaliating by Releasing Personnel Files
A NY employment law against retaliation broadened employee’s protection and became law on March 17, 2022. Governor Kathy Hochul signed the bill, and it went into effect immediately. Employers are wise to understand the new law and how it addresses retaliation in terms of personnel files.
Leaking an Employee’s Personnel Records
Jdsupra.com describes the rationale behind the new law as it relates to New York State Human Rights Law (SHRL).
The SHRL prohibits discrimination and retaliation in employment. Employers must not retaliate against an employee who:
- Complains about discrimination or harassment
- Files an internal or external complaint
- Testifies or assists in a legal proceeding
For example, retaliation can take the form of demotion or transfer or decreasing pay or hours. It could involve taking unnecessary disciplinary action against an employee or cancelling privileges.
In addition to the above, an employer cannot disclose an employee’s personnel file. In an attempt to discredit or discourage an employee from complaining or testifying as a witness, some employers have released personnel file information. Examples would be disclosing negative performance information or evaluations in the file to undermine the employee’s reputation or testimony.
How Do Personnel Files Relate to a Criminal or Civil Proceeding?
When responding to a complaint in a judicial or administrative proceeding, it is legal and permissible to disclose personnel file information. It may well relate to the case and be applicable under the law.
What Actions Should You Take Regarding the Recent NY Employment Law Against Retaliation?
In light of the new law, it is wise to review your handbooks and policies to ensure uses of personnel files comply with the revised law. You should ensure your Human Resources and management staff are aware of the law and how it relates to retaliation.
If you have questions about how employment laws affect your business, arrange a consultation with an experienced employment defense lawyer. Call Stephen D. Hans & Associates, P.C. at (718) 275-6500.