Maintaining confidential personnel files in Ohio

Q         Can HR maintain confidential internal documents within an employee’s record that she cannot access?

A   An employee’s right to review documents in her personnel file is primarily a state law issue. In Ohio, the only statutory right to review personnel records a private-sector employee has is the right to review any medical records the employer has for her. Employees working in Ohio don’t have a legal right to review nonmedical records pertaining to them.

Therefore, with respect to employees in Ohio, the answer is “yes,” an employer can maintain confidential, internal documents in an employee’s personnel file and refuse to grant her access to them, as long as the documents in question aren’t medical records.

Be aware, however, if litigation is involved—whether in the form of an Equal Employment Opportunity Commission (EEOC) charge, a civil lawsuit, a National Labor Relations Board (NLRB) or Occupational Safety and Health Administration (OSHA) investigation, or otherwise—broad rules of discovery (exchange of evidence) will apply. In the course of discovery, an employer would generally be required to disclose and provide copies of personnel documents, even those it considers confidential.