Washington State Expands Employee Access to Personnel Files

Washington State has long required employers to allow employees to inspect their own personnel files, but the relevant statutes previously did not define what qualifies as a “personnel file” nor provide clear timelines for providing it. Washington State recently amended these statutes, including making three key changes: (1) defining “personnel file,” (2) establishing timelines for providing employees access to their personnel files, and (3) creating a private right of action and establishing penalties for violations.^[1] The updates go into effect July 27, 2025.

Under Washington State law, employers must permit employees to inspect their own personnel files at least annually upon request.^[2] The updated statute now defines “personnel file” to include the following records:

• All job application records;
• All performance evaluations;
• All nonactive or closed disciplinary records;
• All leave and reasonable accommodation records;
• All payroll records; and
• All employment agreements.^[3]

The statute itself does not require employers to create these types of records or create a retention schedule for records. However, there are other laws related to the creation and retention of some of these types of records, including a requirement in Washington State to keep payroll records for at least three years.^[4]

One potential pitfall we anticipate with this new definition of “personnel file” is confusion related to how employers should maintain leave and reasonable accommodation records, along with other medical information. Even though some of these records may now fall under the definition of a “personnel file” under the amended law, certain other laws, including the Americans with Disabilities Act (ADA), require employers to keep employee medical information in a separate file. Employers should keep in mind their obligations to keep medical information separate from the employee personnel file and other business records, even if some of that information must now be provided to an employee upon a request for their “personnel file.”

The amendments to Washington State’s personnel file laws also establish clear timelines by which employers must provide employees with access to their own personnel files.^[5] Prior to the amendments, employers were required to make personnel files available within a “reasonable” time after a request, but the law did not define what was reasonable. The amended law will now require employers to provide a copy of an employee’s personnel file within 21 days of a request from the employee, former employee (a person who separated from the employer within three years of the date of the request), or their designee. Additionally, employers must provide a signed written statement stating the effective date of the former employee’s discharge and the reasons for the discharge, if any, within 21 days of a request from a former employee or their designee.

The amended laws will now also establish specific consequences if employers do not comply and enable employees and former employees to bring a lawsuit to enforce their rights under the statute.^[6] If a violation is found, the employee or former employee would be entitled to equitable relief, reasonable attorneys’ fees and costs, and the following statutory damages:

• $250 for an employer’s failure to provide a personnel file or statement regarding a former employee’s discharge within 21 days of the request;
• $500 if the personnel file or statement is not provided within 28 days of the request;
• $1,000 if the personnel file or statement is provided more than 35 days after the request; and
• $500 for any other violations of the employer’s obligations.^[7]

However, prior to bringing a lawsuit, an employee must provide the employer with five days’ notice of their intent to sue.

Employers will want to make sure they are familiar with these updates and have the resources in place to meet the new timelines when the amendments go into effect July 27, 2025. If you have questions regarding these updates or would like help responding to a request for a personnel file, you can reach out to Brittney Rivers and Emily Krueger.