| The employer shall, upon written request from an employee or |
former employee, provide the employee, former employee or duly |
authorized representative with an opportunity to review and copy |
the employee's personnel file if the employer has a personnel |
file for that employee. The reviews and copying must take place |
at the location where the personnel files are maintained and |
during normal office hours unless, at the employer's discretion, |
a more convenient time and location for the employee are |
arranged. The cost of copying is paid by the person requesting |
the copy. For the purpose of this section, a personnel file |
includes, but is not limited to, any formal or informal employee |
evaluations and reports relating to the employee's character, |
credit, work habits, compensation and benefits and nonprivileged |
medical records or nurses' station notes relating to the employee |
that the employer has in the employer's possession. Records in a |
personnel file may be maintained in any form including paper, |
microfiche or electronic form.__The employer shall take adequate |
steps to ensure the integrity and confidentiality of these |
records. Any employer who, following a request pursuant to this |
section, without good cause fails to provide an opportunity for |
review and copying of a personnel file, within 10 days of receipt |
of that request, is subject to a civil forfeiture of $25 for each |
day that a failure continues. The total forfeiture may not |
exceed $500. An employee or former employee may bring an action |
in the District Court or the Superior Court for such equitable |
relief, including an injunction, as the court may consider to be |
necessary and proper. The employer may also be required to |
reimburse the employee or former employee for costs of suit |
including a reasonable attorney's fee if the employee receives a |
judgment in the employee's favor. For the purposes of this |
section, the term "nonprivileged medical records or nurses' |
station notes" means all those materials that have not been found |
to be protected from discovery or disclosure in the course of |
civil litigation under the Maine Rules of Civil Procedure, Rule |
26, the Maine Rules of Evidence, Article V or similar rules |
adopted by the Workers' Compensation Board or other |
administrative tribunals. |