Employment Regulation

Though federal law prohibits the disclosure of an employee's medical information, it affords little protection relating to other types of personal information.

Employers must have an employee's written permission to collect his or her genetic information.

Employees should have a reasonable expectation of privacy in e-mail communications made on an employer's equipment.

Many people are mistaken in believing that the terms "polygraph" and "lie detector" are interchangeable.

Employees' right to privacy in the private sector workplace is governed by state tort law.

If information is only disclosed orally, and not in writing, it could still be potentially libelous.

The simplest means to eliminate privacy issues arising from drug testing is to get employees to consent to drug testing and waive related statutory rights.

Privacy torts focus on injury to the employee's reputation, while defamation is tied to the resulting emotional injury.

Technology permits managers to monitor employees' telephone conversations, but not text messaging and voicemail.

In order to be actionable, a defamatory statement must be published, which can include making statements about the employee in question in public.

Employers can require random drug testing, provided that all employees are subject to the random testing.

Privacy expectations of employees in both the public and private sectors have increased with the expansion of employee rights in the workplace.

It is unlawful for an employer to require its employees to report their weight, body fat, and glucose levels, even if the company pays for the doctor's visit to get the requested health information..

Employers have even applied video surveillance to off the job.

Employers may base an employment decision on genetic information.

Some jurisdictions allow employers to terminate employees for smoking off the company premises.

Unlike absolute privilege, qualified privilege may be lost or exceeded.

In the public sector, there are far fewer prohibitions on public disclosure of personnel records.

The truth is proof against defamation.

All employers are covered under the EPPA.