AB611: Bill Text

LRB-3651/2

GMM:wlj:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 611

December 1, 1999 - Introduced by Representatives Vrakas, Montgomery, Nass, Hasenohrl, Suder, Seratti, Ladwig, Pettis, Lassa, Albers, Stone, F. Lasee, Hahn, M. Lehman, Miller, Porter and Gunderson, cosponsored by Senators Farrow, Roessler, Huelsman and Rosenzweig. Referred to Committee on Labor and Employment.

AB611,1,4 An Act to amend 103.13 (3), 103.13 (5) and 103.13 (6) (intro.) of the statutes; relating to: confidentiality of an employe's personnel records that are inspected by an authorized representative of the employe and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, subject to certain exceptions, an employer, on the request of an employe, must permit the employe to inspect the employe's personnel records. Current law also permits an employe who is involved in a grievance against his or her employer to designate a representative of the employe's union or collective bargaining unit or some other designated representative to inspect the employe's personnel records that may have a bearing on the resolution of the grievance. This bill requires an authorized representative of an employe who inspects the employe's personnel records to keep those personnel records confidential and permits the authorized representative to disclose those personnel records only with the consent of the employe who is the subject of the personnel records.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB611, s. 1 Section 1. 103.13 (3) of the statutes is amended to read:

AB611,2,16 103.13 (3) Personnel record inspection by representative. An employe who is involved in a current grievance against the employer may designate authorize in writing a representative of the employe's union, collective bargaining unit or other designated authorized representative to inspect the employe's personnel records which may have a bearing on the resolution of the grievance, except as provided in sub. (6). The employer shall allow such a designated an authorized representative to inspect that employe's personnel records in the same manner as provided under sub. (2). An authorized representative who inspects any personnel records under this subsection shall keep those personnel records and the information contained in those personnel records confidential and may disclose those personnel records or any information contained in those personnel records only with the consent of the employe who is the subject of the personnel records. Any authorized representative who discloses any personnel records or any information contained in any personnel records in violation of this subsection shall be liable to the person injured by that disclosure for all damages sustained by reason of that disclosure and may be required to forfeit not more than $500.

AB611, s. 2 Section 2. 103.13 (5) of the statutes is amended to read:

AB611,2,25 103.13 (5) Medical records inspection. The right of the employe or the employe's designated authorized representative under sub. (3) to inspect personnel records under this section includes the right to inspect any personal medical records concerning the employe in the employer's files. If the employer believes that disclosure of an employe's medical records would have a detrimental effect on the employe, the employer may release the medical records to the employe's physician or through a physician designated by the employe, in which case the physician may release the medical records to the employe or to the employe's immediate family.

AB611, s. 3 Section 3. 103.13 (6) (intro.) of the statutes is amended to read:

AB611,3,4 103.13 (6) (intro.) The right of the employe or the employe's designated authorized representative under sub. (3) to inspect his or her personnel records does not apply to:

AB611,3,5 (End)