Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 149 of the General Laws is hereby amended by inserting after section 52B, inserted by section 1 of chapter 684 of the acts of 1985, the following section:-

Section 52C. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Employee", a person currently employed or formerly employed by an employer.

"Employer", an individual, corporation, partnership, labor organization, unincorporated association or any other legal business, public or private, or commercial entity including agents of the employer.

"Personnel record", a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action. A personnel record shall include a record in the possession of a person, corporation, partnership or other association that has a contractual agreement with the employer to keep or supply a personnel record as provided in this section. A personnel record shall not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of such other person's privacy.

Any employer receiving a written request from an employee shall provide the employee with an opportunity to review his personnel record. The review shall take place at the place of employment and during normal business hours. An employee may obtain a copy of his personnel record upon submission of a written request to his employer.

If there is a disagreement with any information contained in a personnel record, removal or correction of such information may be mutually agreed upon by the employer and the employee. If an agreement is not reached, the employee may submit a written statement explaining the employee's position which shall thereupon be contained therein and shall become a part of such employee's personnel record. The statement shall be included when said information is transmitted to a third party as long as the original information is retained as part of the file. If an employer places in a personnel record any information which such employer knew or should have known to be false, then the employee shall have remedy through the collective bargaining agreement, other personnel procedures or judicial process to have such information expunged.

Whoever violates the provisions of this section shall be punished by a fine of not less than fifty dollars nor more than two hundred dollars.