Employee data access and accuracy

(a) Employee data access and correction (1) In general An employer shall enable a covered individual (in a manner that verifies and protects the identity of the covered individual), upon request by the covered individual or as provided in subsection (b), to— (A) not later than 30 days after such request or as provided in such subsection, obtain any employee data collected by the employer on the covered individual; and (B) in accordance with procedures established by the Administrator, have any such employee data that is incomplete or erroneous updated or corrected at any time. (2) Rule of interpretation The failure of a covered individual to make a request under paragraph (1) shall not be interpreted to provide a defense for the employer of the covered individual with respect to any allegation of a violation of any requirement under this Act by the employer. (b) Work-Related decisions An employer that makes a work-related decision with regard to a covered individual using employee data— (1) shall, upon alerting the covered individual about such work-related decision, disclose to the covered individual the categories of employee data used to make the work-related decision; and (2) shall, for not less than 7 days after such disclosure, enable the covered individual to— (A) review such employee data of the covered individual and related aggregated data for other similarly situated covered individuals of the employer; (B) in accordance with the procedures described in subsection (a)(1)(B), have any employee data described in paragraph (1) that is incomplete or erroneous updated or corrected; and (C) request that the employer reconsider the work-related decision based on the updated or corrected employee data. (c) Effective date This section shall take effect on the date that is 60 days after the date of enactment of this Act.