Have you ever reviewed the Facebook or LinkedIn profile or other social media activity of an employee or applicant? How about requiring employees or applicants to provide access to social media activity as a condition of employment.
Continue Reading Maryland and Illinois Seek to Protect Employee Social Media Activity
ADA
In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules
By Joseph J. Lazzarotti on
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.…
Continue Reading In-House Physician’s Disclosure of Employee Medical Information to Management Violates ADA, Court Rules
ADA Violated When Employer Responds to State Subpoena and Discloses Former Employee’s Medical Records
By Joseph J. Lazzarotti on
Companies frequently receive requests for information about current and former employees. These requests often come in the form of an attorney’s demand letter or a subpoena and apply to the individual’s medical records. Failing to carefully think through whether and how to respond can be a costly trap for the unwary.…
Continue Reading ADA Violated When Employer Responds to State Subpoena and Discloses Former Employee’s Medical Records
EEOC and 7-Eleven of Hawaii Settle Over Disclosure of Former Employee’s Medical Information
By Joseph J. Lazzarotti on
Posted in ADA
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…
EEOC Counsel Provides Guidance for Managing Employee Medical Information
By Joseph J. Lazzarotti & Joseph J. Lynett on
Posted in ADA
EEOC “Rehabilitation Act” “medical information” MRC “medical records custodians”…
Continue Reading EEOC Counsel Provides Guidance for Managing Employee Medical Information
ADA Confidentiality: Drug Test Results May Not Be Used Against Applicant at Pre-Offer Stage
By Joseph J. Lazzarotti & Kathryn J. Russo on
Posted in ADA, Workplace Privacy
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 Eleventh Circuit Court of Appeals permitted an applicant who was not hired after testing positive for drugs used to control his epilepsy to proceed with his lawsuit asserting claims under the Americans with Disabilities Act because there were factual issues whether the employer made an improper medical inquiry and denied employment on that basis.