PRIVACY AND THE EMPLOYMENT RELATIONSHIP
COVID-19 Workplace Privacy Concerns Although employers are generally limited by both federal and local laws from conducting medical examinations or requesting employee medical information, since the COVID-19 pandemic, state and EEOC guidance has allowed employers to implement safety screening measures such as temperature checks and asking employees if they are experiencing symptoms of COVID-19. Employers must treat all information related to an employee’s health (or illness) as confidential and safely store it separately in the employee’s medical record. Additionally, if the employer mandates testing or vaccination, any information related to either requirement must also be treated as part of the employee’s medical record. Moreover, if an employer provides other employees with notice that they may have been exposed to an individual who has been infected, the notice should not include the identity of the infected individual in order to protect that individual’s privacy. Technology and Social Media. Employers and employees are struggling to define the boundaries of appropriate employee use of technology, including social media, as well as appropriate employer monitoring and management of electronic data. In addition to concerns about employee productivity, the sophisticated electronic communication tools available to employees create new challenges for businesses to consider, including potential harm to reputation and brands, theft of trade secrets and other confidential information, and potential liability for employee behavior online. For example, an employer may be liable for an employee’s online comments that are discriminatory or defamatory, even if the employee posts from a personal computer on personal time. Likewise, an employer
60
Made with FlippingBook - Online Brochure Maker