Personnel Files Release as Retaliation Is Prohibited

What Employers Should Know About Releasing Personnel Files

New York law prohibits personnel files release as retaliation toward an employee who complains about discrimination or harassment. It also applies to employees who file external or internal complaints or who assist or testify in a discrimination legal proceeding.

New York State Human Rights Law has prohibited employers from retaliating in other ways, including unwarranted:

  • Disciplinary actions
  • Transfers
  • Demotions
  • Withdrawal of privileges
  • Decrease in hours or pay
  • Termination

(Reference: JD Supra )

How Can Personnel Files Release Be a Form of Retaliation?

A personnel file could include various documents, such as:

  • Performance evaluations
  • Complaints from co-workers or customers
  • Attendance records
  • Record of disciplinary actions
  • Forms relating to promotions, demotions or transfers
  • Termination forms

Releasing an employee’s personnel file could discredit or put the employee in a bad light. Doing so because an employee objects to discrimination or sexual harassment in the workplace or has participated in an investigation is unjust. However, if a civil or criminal complaint exists against an employee, releasing the file is not illegal. These types of proceedings that have legal grounds to request information in a personnel file do not violate the employee’s rights.

Be proactive regarding the recent legal change

It would be wise for employers to review existing policies regarding personnel files and to put new policies in place based on this recent law. Owners should discuss the law with management and Human Resources personnel. It is vital for employees in management positions to understand the repercussions of any potential violation.

As an employer, do you need legal help with understanding retaliation?

By addressing legal concerns or questions early on, employers can often avoid disputes, lawsuits and expensive fines. At the outset of a potential workplace issue or question, you are wise to seek legal advice. Our firm can assist you with policies, along with employment contracts and legal clauses that help you protect your business. If you have employment law questions, arrange an appointment. Discuss your concerns with an attorney at Stephen D. Hans & Associates, P.C. Call (718) 275-6500.