An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

B. R IGHT T O I NSPECT A ND R ECEIVE A C OPY O F P ERSONNEL F ILE California law also gives a current or former employee, or the employee’s representative, the right to inspect and receive a copy of the employee’s personnel file and any other records that relate to the employee’s performance or to any grievance concerning the employee. 250 Inspections must be allowed at reasonable times and intervals, but not later than 30 calendar days from the date the employer receives a written request. However, this deadline can be extended to 35 calendar days if the employer and employee agree to it in writing. 251 With regard to current employees, schools must make personnel files available for inspection, and, if requested, provide a copy: (1) at the place where the employee reports to work, or (2) at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted. 252 Schools must make personnel files available for inspection, and, if requested, provide a copy to former employees at the place where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if the employer is reimbursed for actual postal expenses. 253 However, if a former employee seeking to inspect his or her personnel records was terminated for a violation of law or an employment- related policy involving harassment or workplace violence, the employer may comply with the request by either: (1) making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employee’s residence, or (2) providing a copy of the personnel records by mail. 254 Employees do not have the right to inspect records relating to the investigation of a possible criminal offense, letters of reference, or ratings. Further, an employee may not inspect records obtained prior to the employee’s employment that were prepared by identifiable members of an examination committee, or were obtained in connection with a promotional exam. 255 C. A VOIDING D ISCRIMINATORY F AILURE T O H IRE L AWSUITS Job applications do not always receive much attention. Each unsuccessful applicant is, however, a potential plaintiff. As the Reeves v. MV Transportation, Inc. 256 case illustrates, keeping detailed records regarding the screening, interviewing, and hiring process is critical in defending discrimination cases based on failure to hire claims. Plaintiff David Reeves applied for a position as a labor and employment attorney. When he was not hired, Reeves sued alleging discrimination on the basis of his age. Reeves was 56 years old at the time, had extensive labor law experience, but did not even receive an interview. Instead, the employer hired a 40-year old attorney named Gail Blanchard-Saiger for the position. John Biard, the employer’s General Counsel and Chief Legal Officer, later testified that he interviewed Blanchard-Saiger based on a recommendation from an attorney he knew and because he was impressed by her credentials and experience. After interviewing Blanchard- Saiger, Biard testified that he felt their personalities “just clicked.”

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 81