Employee Privacy Policy

Starting with well-drafted policy, California employers should ensure their administrative and management staff do not impermissibly disclose any employee’s private, personal, health or medical information.

Disclosures must only be given under very limited circumstances, such as:

• To managers when considering a request or need for reasonable accommodation;
• To safety or first aid providers during emergency medical treatment;
• To Cal/OSHA officials;
• As required during an insurance or workers’ compensation claim; or
• As needed during a federal or state workplace investigation.

Policy can also instruct all personnel to comply with ● the federal Genetic Information Nondiscrimination Act (GINA) prohibiting employers from requesting or requiring genetic information from employees or their family members; and ● the Health Insurance Portability and Accountability Act (HIPAA), the federal privacy law that safeguards medical information.

Take-Away:
Implement and regularly review a comprehensive, clearly written handbook with an updated and compliant employee privacy policy.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our template handbook – which contains the above policy and much more – and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com.

See also:

• Handbook Helper Episode 5 Golden Rules – Workplace Conduct Policy (July 8, 2022)
• Handbook Helper Episode 1 Two- Way Street – At-Will Employment Provisions(June 10, 2022)
• Happier and Healthier – Workplace Policy Handbook & Forms for 2022 (April 29, 2022)

Cindy Bamforth
September 30, 2022