Privacy in the Workplace FAQ

Questions:

• Can I require all employees that I am considering for management positions to take a psychological test?
• Can I fire a worker whose personal beliefs clash with mine?
• Can I read my employees' email messages?
• Can I monitor my workers' phone calls to make sure they are properly serving my customers?
• Can I randomly search my employees as they leave the workplace to minimize theft?
• What are the rules for handling employee medical records?
• Can we fire an employee for criticizing managers on Facebook?
• Can employees post reviews of company products on websites like Amazon and Yelp?
• Can I install cameras in the workplace to discourage employee misconduct?

Answer:

What are the rules for handling employee medical records?

A number of laws, including the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Health Insurance Portability and Accountability Act, require employers to maintain the confidentiality of employee medical records. These records must be kept in separate, secure files, with access strictly limited. For more information, see Nolo's article Keeping Personnel Files and Medical Records Confidential.