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Workplace Privacy, Data Management & Security Report

Category Archives: ADA

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Big Data in the Workplace, EEOC Attorney Urges Caution

You may have been reading about how “Big Data” technologies are being used for a variety of purposes, such as making purchase suggestions based on prior buying patterns or staging law enforcement resources based on predictions for where and when crimes are likely to occur. But these technologies also are being used in the human resources context,… Continue Reading

In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules

On-site health clinics, occupational health clinics, and in-house physicians can be attractive options for businesses that take a comprehensive approach to disability and leave management. However, as one federal district court makes clear, employers need to be mindful of the workplace law risks. This case involves one of those risks – the ADA and its confidentiality requirements.

EEOC and 7-Eleven of Hawaii Settle Over Disclosure of Former Employee’s Medical Information

 Does your HR staff know the limits on what they could tell prospective employers about former employees? In this case, the US Equal Employment Opportunity Commission (EEOC) alleged that 7-Eleven of Hawaii failed to keep a former employee’s medical information confidential by disclosing the information to a prospective employer, in violation of the ADA, which caused the… Continue Reading

ADA Confidentiality: Drug Test Results May Not Be Used Against Applicant at Pre-Offer Stage

Contributed by Kathryn J. Russo. A recent case emphasizes that employers must ensure they do not make improper medical inquiries related to pre-employment drug test results at the pre-offer stage. John Harrison v. Benchmark Electronics, Inc., No. 08-16656, 2010 App. LEXIS 632 (11th Cir. Jan. 11, 2010). Some valuable lessons for employers are discussed below. The… Continue Reading