PERSONNEL RECORD REVIEW ACT
Describes the conditions under which employees may review and/or append their
personnel records.
On January 15, 1984, the Illinois Personnel Record Review Act (820 ILCS et
seq.). took effect. It grants employees the right to review and, when
appropriate, to append their personnel records. The Act applies to personnel
records in the Staff Human Resources Office and in the Office of Academic Human
Resources and also to personnel materials maintained by employing units.
The
following are pertinent provisions of the Act:
- Who May Inspect
Right of access is granted to current employees, those
on leave or layoff subject to recall, and those who have terminated service
within the preceding year.
- What May Be Inspected
Personnel documents may be inspected if they are,
have been, or are intended to be used in determining an employee’s
qualifications for employment, promotion, transfer, additional compensation,
discharge, or
other disciplinary action, except as noted below. An employee is entitled
to make at least two inspection requests in a calendar year.
- How: Opportunity to inspect the records must be given within seven
(7) working days after a request is made. If it can be shown that
it is not possible to meet the deadline, the employing unit has an additional
seven (7) days to comply. Employing units may require that the
request be in writing. The inspection should be monitored.
- Where: Location of the personnel documents is not germane to employee’s
right of access; however, as noted below, the nature of the information sought
is. Records will be reviewed at a place designated by the employing
unit or the respective human resources office and reasonably near the employee’s
place of employment within working hours.
- Copies: An employee is entitled to a copy of any personnel materials
inspected. A copying fee may be charged, but it cannot exceed the
actual cost of duplicating the information.
- Disallowed Material
Employees
do not have a right to inspect the following documents: letters
of reference, both internal and external, for the employee; external
peer review documents; test documents (the employee, however,
may see test scores); information in their files constituting an invasion of
other persons’ privacy; records pertaining to a criminal investigation
of an employee or employees (unless and until adverse personnel action is taken
based on those records); records related to a pending claim between the employer
and employee that may be obtained through that judicial proceeding; and materials
used for management planning. “Management planning” materials
include those used in matters relating to the comments or ratings necessary
for University, campus, or department planning, where the materials relate
to or affect more than one employee. Of course, this exception does not
apply if such materials are, have been, or are intended to be used in determining
an individual employee’s qualifications for employment, promotion, transfer,
additional compensation, or in determining an individual employee’s discharge
or discipline, as provided above.
As a result of the September 2, 1988, amendment
to this Act, internal review documents must now be disclosed if the employee
who is the subject of the evaluation
submits a request to inspect his or her personnel file, except for external
and internal documents that are letters of reference. In order to protect
the privacy rights of University employees who wrote documents pertaining to
an employee’s compensation, promotion, or job assignment, which were
placed in a personnel file prior to the statutory change (September 2, 1988),
it will be the campus policy not to disclose such materials without the permission
of the author(s).
- Who Else May Inspect
An employee involved in a grievance
may designate, in writing, a representative to inspect his or her personnel
records
as they pertain to the grievance.
- Disputes
An employee who disagrees
with any information in the personnel record may negotiate to have that information
removed or corrected. If
agreement is not reached, the employee may submit a written statement explaining
why he or she believes the record is wrong. This statement must be appended
to the disputed material in the personnel record and circulated with that material
whenever it is released to a third party. Falsification of information
in a personnel file by the University or by the employee may result in litigation
to correct the file by the University or by the employee.
- Release of
Information
Information regarding disciplinary action,
including letters of warning, may not be divulged to a third party, other than
to a labor organization representing the employee, without written notice to
the employee concerned. Written notice must be sent by first-class mail
to the employee on or before the date the information is divulged. No
notice is required if (a) the employee has specifically waived notice as part
of a signed employment application with another employer; (b) the disclosure
is ordered to a party in a legal action; or (c) the information is requested
by a government agency as a result of a claim or complaint by an employee or
as a result of a criminal investigation by such agency. Disciplinary
records more that four (4) years old will not be released unless it is so ordered
in a legal action or arbitration.
For guidance on application of this
policy to promotion and tenure dossiers, see Provost’s Communication
No. 9. Questions about the Personnel Record Review Act, or about personnel
records policy in general, should be directed to the Academic Human Resources
Office (333-6747) for academic employees, or to the Staff Human Resources Office
(333-2143) for Civil Service employees.
Date Revised: April 14, 2008
Date Issued: April 11, 1990
Issued by: Provost and Vice Chancellor for Academic Affairs
Approved by: Provost and Vice Chancellor for Academic Affairs
Personnel Policies: Section IX/A – 16