Privacy Rights
The California Constitution, the U.S. Constitution, and various other state and federal laws provide California employees with a broad range of privacy protections against the misuse of sensitive or confidential information and invasions of personal autonomy.
Examples of types of employer conduct that may interfere with employees’ privacy rights include:
- Requiring submission to a medical examination absent proper justification, such as an unjustified fitness-for-duty examination
- Requiring disclosure of medications
- Secret audio or video recordings
- Improper drug and alcohol testing
- Improper urinalysis and blood testing, such as visually monitored urinalysis testing
- Obtaining confidential medical information from third parties
- Requiring employee participation in an alcohol or drug treatment program
- Accessing employees’ personal files on workplace computers
- Improperly monitoring employees’ computer usage
- Performing credit checks on employees
- Performing searches of an employee’s physical person and/or their purse, locker, or desk
- Disclosing employee personnel records to third parties
- Eavesdropping
- Failing to safeguard and ensure the confidentiality of employee personal health information, including medical history or mental or physical condition
- Requiring disclosure of confidential medical information absent proper justification
There are many privacy protections afforded to employees, and each case is unique. Employers will often try to justify their conduct by arguing an exception to the rules or asserting a competing interest. Galante Law, Inc. can help you understand your privacy rights and explain to you how your rights may have been affected by your employer’s conduct.
Please click here for the links to other Labor and Employment claims.
Free initial consultation. No attorney’s fees if no recovery.
Galante Law, Inc. offers employees a free initial consultation on labor and employment matters. Galante Law, Inc. represents employees on a contingency fee basis and does not take any attorney’s fees unless and until a settlement award or judgment is received. If there is no recovery or settlement the client is liable for costs only. Please contact us online or by telephone at 213-785-1900 to arrange a free consultation.