C.R.S. Section 8-2-129
Access to personnel files and records

  • definitions
  • exemptions

(1)

Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect and obtain a copy of any part of his or her own personnel file or files at the employer’s office and at a time convenient to both the employer and the employee. A former employee may make one inspection of his or her personnel file after termination of employment. An employer may restrict the employee’s or former employee’s access to his or her files to be only in the presence of a person responsible for managing personnel data on behalf of the employer or another employee designated by the employer. The employer may require the employee or former employee to pay the reasonable cost of duplication of documents.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Employee” does not include a person employed by an entity subject to the “Colorado Open Records Act”, part 2 of article 72 of title 24, C.R.S.

(b)

“Employer” does not include any entity subject to the “Colorado Open Records Act”, part 2 of article 72 of title 24, C.R.S.

(c)

“Personnel file” means the personnel records of an employee, in the manner maintained by the employer and using reasonable efforts by the employer to collect, that are used or have been used to determine the employee’s qualifications for employment, promotion, additional compensation, or employment termination or other disciplinary action. “Personnel file” does not include documents or records required to be placed or maintained in a separate file from the regular personnel file by federal or state law or rule; documents or records pertaining to confidential reports from previous employers of the employee; or an active criminal investigation, an active disciplinary investigation by the employer, or an active investigation by a regulatory agency. “Personnel file” also does not include any information in a document or record that identifies any person who made a confidential accusation, as determined by the employer, against the employee who makes a request under subsection (1) of this section.

(3)

Nothing in this section:

(a)

Creates or authorizes a private cause of action by a person aggrieved by a violation of this section;

(b)

Requires an employer to create, maintain, or retain a personnel file on an employee or former employee; or

(c)

Requires an employer to retain any documents that are or were contained in an employee’s or former employee’s personnel file for any specified period of time.

(4)

This section does not apply to a financial institution chartered and supervised under state or federal law, including without limitation:

(a)

A bank;

(b)

A trust company;

(c)

A savings institution; and

(d)

A credit union.

Source: Section 8-2-129 — Access to personnel files and records - definitions - exemptions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑2‑101
Combination of employees for peaceable objects lawful 8‑2‑102
Coercion of employees unlawful 8‑2‑103
Penalty for coercing employees 8‑2‑104
Obtaining workmen by misrepresentation unlawful 8‑2‑105
Penalty 8‑2‑106
Armed guards - when lawful 8‑2‑107
Workman engaged by false representations to recover damages 8‑2‑108
Unlawful for employer to prevent employees participating in politics 8‑2‑109
Rights of person charged with contempt 8‑2‑110
Unlawful to publish blacklist 8‑2‑111
Penalty for blacklisting 8‑2‑111.5
Certain employment references - exception to blacklisting prohibition 8‑2‑111.6
Health-care employers - immunity from civil liability - requirements - exception to blacklisting prohibition - legislative declaration 8‑2‑111.7
Employees working with persons with intellectual and developmental disabilities - immunity from civil liability - requirements - exception to blacklisting prohibition - legislative declaration - definitions 8‑2‑112
Unlawful to publish notice of boycott 8‑2‑113
Unlawful to intimidate worker - agreement not to compete - prohibition - exceptions - notice - definitions 8‑2‑114
Immunity from civil liability for employer disclosing information - employer shall not maintain blacklist - credit lists excepted 8‑2‑118
Cost of medical examination - employer and employee defined 8‑2‑119
Awards of back pay - deduction of unemployment compensation 8‑2‑120
Residency requirements prohibited for public employment - legislative declaration - definitions 8‑2‑122
Employment verification requirements - audits - fine for fraudulent documents - cash fund created - definitions 8‑2‑123
Health-care workers - retaliation prohibited - definitions 8‑2‑124
Electronic verification program - availability - notice to employers - definitions 8‑2‑125
Identification of workers engaged in off-site work - permissible forms of identification - exceptions - definitions 8‑2‑126
Employer use of consumer credit information - violation - short title - definitions 8‑2‑127
Prohibitions of employer - requiring access to personal electronic communication devices - definitions - rules 8‑2‑128
Prohibitions of employer - requiring social security number - exceptions 8‑2‑129
Access to personnel files and records - definitions - exemptions 8‑2‑130
Criminal history - limits on advertisements and applications - exceptions - enforcement - rules - short title - definitions 8‑2‑131
Age of job applicants - limits on applications - exceptions - enforcement - rules - short title - definitions 8‑2‑201
Damages - fellow servant rule abolished - limitation on admission of criminal history 8‑2‑202
Damages in case of death - limit 8‑2‑203
Who may sue - consolidation of actions 8‑2‑204
Limitation of actions - limit of damages 8‑2‑205
Assumption of risk abolished 8‑2‑206
Agricultural employers - agricultural employees - violations - penalties - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 8-2-129’s source at colorado​.gov