House File 2116 - Introduced HOUSE FILE 2116 BY WENTHE , BURT , FICKEN , BEARD , KEARNS , HUNTER , WILLEMS , and MASCHER A BILL FOR An Act relating to access to and security of employee personnel 1 files. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5570YH (6) 83 ak/rj

H.F. 2116 Section 1. Section 8A.456, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. An employee or former employee, as defined in section 3 91B.0A, subject to the provisions of this subchapter shall 4 have access to the employee’s personal or former employee’s 5 personnel file. 6 Sec. 2. NEW SECTION . 91B.0A Definitions. 7 As used in this chapter: 8 1. “Employee” means as defined in section 91A.2. 9 2. “Employer” means as defined in section 91A.2. 10 3. “Former employee” means an individual who was employed by 11 the employer, receiving wages, salary, or other compensation 12 from the employer. 13 Sec. 3. Section 91B.1, Code 2009, is amended to read as 14 follows: 15 91B.1 Files —— access by employees. 16 1. An employee , as defined in section 91A.2 , or a former 17 employee shall have access to and shall be permitted to obtain 18 a copy of the employee’s or former employee’s personnel file 19 maintained by the employee’s employer, as defined in section 20 91A.2 , including but not limited to performance evaluations, 21 disciplinary records, and other information concerning 22 employer-employee relations. 23 2. However, an employee’s access to a personnel file is 24 subject to all of the following: 25 a. The employer and employee or former employee shall 26 agree on the time the employee may have for access to the 27 employee’s personnel file, and a representative of the employer 28 may be present. 29 b. An employee or former employee shall not have access to 30 employment references written for the employee. 31 c. An employer may charge a reasonable fee for each page 32 of a copy made by the employer for an employee or former 33 employee of an item in the employee’s personnel file. For 34 purposes of this paragraph, “reasonable fee” means an amount 35 -1- LSB 5570YH (6) 83 ak/rj 1/ 3

H.F. 2116 equivalent to an amount charged per page for copies made by a 1 commercial copying business. 2 Sec. 4. Section 91B.2, Code 2009, is amended to read as 3 follows: 4 91B.2 Information provided by employers about current or 5 former employees —— immunity. 6 1. An employer or an employer’s representative who, upon 7 request by or authorization of a current an employee or former 8 employee or upon request made by a person who in good faith is 9 believed to be a representative of a prospective employer of a 10 current an employee or former employee, provides work-related 11 information about a current an employee or former employee, 12 is immune from civil liability unless the employer or the 13 employer’s representative acted unreasonably in providing the 14 work-related information. 15 2. For purposes of this section, an employer acts 16 unreasonably if any of the following are present: 17 a. The work-related information violates a civil right of 18 the current employee or former employee. 19 b. The work-related information knowingly is provided to a 20 person who has no legitimate and common interest in receiving 21 the work-related information. 22 c. The work-related information is not relevant to the 23 inquiry being made, is provided with malice, or is provided 24 with no good faith belief that it is true. 25 3. For purposes of this section , “employer” and 26 “employee” are defined as provided in section 91A.2 . 27 EXPLANATION 28 This bill relates to access to and security of employee 29 personnel files. 30 The bill defines “former employee” and provides employees 31 and former employees with equal access to a personnel file with 32 an employer in Code section 91B.1. 33 The bill modifies the language in Code sections 8A.456 and 34 91B.2 so that the defined terms of “employee” and “former 35 -2- LSB 5570YH (6) 83 ak/rj 2/ 3

H.F. 2116 employee” are used equally in reference to the security of 1 personnel information. 2 -3- LSB 5570YH (6) 83 ak/rj 3/ 3