HF 2116 (LSB 5570YH (6) 83)

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 files.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 8A.456, subsection 1, Code 2009, is amended to read as follows:
   1.  An employee or former employee, as defined in section 91B.0A, subject to the provisions of this subchapter shall have access to the employee’s personal or former employee’s personnel file.
    Sec. 2.  NEW SECTION.  91B.0A  Definitions.

   As used in this chapter:

   1.  “Employee” means as defined in section 91A.2.
   2.  “Employer” means as defined in section 91A.2.
   3.  “Former employee” means an individual who was employed by the employer, receiving wages, salary, or other compensation from the employer.
    Sec. 3.  Section 91B.1, Code 2009, is amended to read as follows:
   91B.1  Files —— access by employees.
   1.  An employee, as defined in section 91A.2, or a former employee shall have access to and shall be permitted to obtain a copy of the employee’s or former employee’s personnel file maintained by the employee’s employer, as defined in section 91A.2, including but not limited to performance evaluations, disciplinary records, and other information concerning employer-employee relations.
   2.  However, an employee’s access to a personnel file is subject to all of the following:
   a.  The employer and employee or former employee shall agree on the time the employee may have for access to the employee’s personnel file, and a representative of the employer may be present.
   b.  An employee or former employee shall not have access to employment references written for the employee.
   c.  An employer may charge a reasonable fee for each page of a copy made by the employer for an employee or former employee of an item in the employee’s personnel file. For purposes of this paragraph, “reasonable fee” means an amount equivalent to an amount charged per page for copies made by a commercial copying business.
    Sec. 4.  Section 91B.2, Code 2009, is amended to read as follows:
   91B.2  Information provided by employers about current or former employees —— immunity.
   1.  An employer or an employer’s representative who, upon request by or authorization of a current an employee or former employee or upon request made by a person who in good faith is believed to be a representative of a prospective employer of a current an employee or former employee, provides work-related information about a current an employee or former employee, is immune from civil liability unless the employer or the employer’s representative acted unreasonably in providing the work-related information.
   2.  For purposes of this section, an employer acts unreasonably if any of the following are present:
   a.  The work-related information violates a civil right of the current employee or former employee.
   b.  The work-related information knowingly is provided to a person who has no legitimate and common interest in receiving the work-related information.
   c.  The work-related information is not relevant to the inquiry being made, is provided with malice, or is provided with no good faith belief that it is true.
   3.  For purposes of this section, “employer” and “employee” are defined as provided in section 91A.2.
EXPLANATION
   This bill relates to access to and security of employee personnel files.
   The bill defines “former employee” and provides employees and former employees with equal access to a personnel file with an employer in Code section 91B.1.
   The bill modifies the language in Code sections 8A.456 and 91B.2 so that the defined terms of “employee” and “former employee” are used equally in reference to the security of personnel information.