Washington State has amended its access to personnel file law under House Bill 1308. The amendments take effect on July 27, 2025. The changes are as follows:
Clarification on Definition of Personnel File
The amendments more narrowly define a “personnel file” to include documents such as job applications, performance evaluations, finalized disciplinary records, leave and accommodation records, payroll documents, and employment agreements, if those records are maintained by the employer. However, the law continues to permit the exclusion of certain records, such as those related to investigations of potential criminal conduct or documents prepared in anticipation of litigation that are not otherwise subject to discovery.
Termination Notice
Upon request, employers must furnish a signed written statement to former employees stating the effective date of discharge and, if applicable, the reason for termination.
Next Steps for Employers
To prepare for these new requirements, private employers should review and revise existing policies and procedures related to personnel file requests by establishing clear internal protocols, designating responsibility within human resources, and implement processes to ensure timely, accurate, and compliant delivery of requested documents. Employers should also assess their recordkeeping systems to verify that all relevant records can be accessed securely and without delay.
With respect to the inclusion of accommodation records, federal laws such as the Americans with Disabilities Act (ADA) require medical and accommodation-related records to be maintained separately and confidentially. This may present a conflict for employers when responding to requests under the amended state law. Until further guidance is provided by the state, employers may need to consult legal counsel.
To help mitigate potential claims of discrimination or unfair treatment, employers are encouraged to consult legal counsel when preparing written statements to former employees outlining the reason for an employee’s discharge.
