Privacy

Disabled worker? Don’t cave in to staff gripes

01/14/2010

Don’t, under any circumstances, use co-worker resentment over disability accommodations as a reason to transfer or terminate the disabled employee. If you’re intent on getting rid of a disabled employee, you’d better have a better reason than that.

Strictly limit employee medical information just to those who need to know

01/12/2010

The ADA requires employers to maintain strict confidentiality on any medical- or disability-related information. That means keeping it in a separate, secure file, away from prying eyes that have no business viewing the information. But confidentiality doesn’t apply just to paper or electronic records. Employers also have to make sure they don’t discuss such information with those who don’t need to know.

How should we respond to a subpoena for one of our employees’ personnel records?

01/11/2010

Q. We recently received a subpoena to produce an employee’s personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

Are employee texts private? Supreme Court to decide

01/07/2010

The U.S. Supreme Court agreed late last year to rule for the first time on whether employees have a right to privacy when sending text messages on cell phones and electronic devices supplied by their employers. The case involves several California police officers who were disciplined for sexually explicit texts.

2009 in labor and employment law, from A to Z

01/05/2010

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Should HR work space be separated from others?

01/01/2010

Q. We don’t have a lot of space in our office. Our HR staff shares space with administrative employees and some managers. Must we separate the HR staff from others to protect employee records from snooping eyes?

Supreme Court to decide: Are employees’ personal text messages private?

12/15/2009

The U.S. Supreme Court agreed Monday to hear a case that could settle the contentious issue of whether employers have a right to read personal text messages employees send using employer-provided equipment and bandwidth. It’s yet another bump in the evolving landscape of employee use of technology at work (the topic, by the way, of this week’s HR Specialist webinar, "Employees Online: Social Media at Work").

Can we administer a polygraph test to find out if one of our employees has been stealing?

12/03/2009

Q. I am a manager for a local bank. I strongly suspect that one of my tellers is stealing because his drawer is short every week. I have interviewed several employees, but no one knows anything, and the teller refuses to answer any questions regarding the missing money. Can I require him to take a polygraph test?

Watching the detectives: A cautionary tale on employee privacy

11/16/2009

When it comes to work-related matters, many private-sector employers think that employees’ rights to privacy are limited, if they exist at all. A recent $1.8 million jury verdict should help dispel that myth.

H1N1 virus alert: Complying with the ADA during an emergency

11/13/2009

The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.