Privacy Issues in the Community College Workplace

Table of Contents4
Section 1 - Overview10
Section 2 - Hiring Inquiries and Background Checks14
Section 3 - Medical Testing and Medical Information42
Section 4 - Drug and Alcohol Testing and Information77
Section 5 - Personnel Records and Files92
Section 6 - Searches and Surveillance120
Section 7 - Regulation of Personal and Off-Duty Conduct149
Appendix A - Nepotism and Fraternization Policy172
Appendix B - Policy on Infectious and Communicable Diseases, Including AIDS178
Appendix C - Sample Form: Consent to Pre-Placement Physical Examination and Release of181
Appendix D - Sample Electronic Communications Resources Policy183
Appendix E - Authorization for Release of Information by Electronic Communications Service Provider187
Appendix F - Social Media Policy189
Appendix G - Sample Electronic Tracking Technology Policy and Acknowledgement192
Appendix H - Authorization for Release of DOT Drug & Alcohol Testing Records194
Appendix I - Medical Examination Guidelines195
Appendix J - De-Identified Personal Health Information196
Appendix K - HIPAA Privacy Authorization for Release of Information197
Appenndix L - Fair Employment and Housing Commission Certification of Health Care Provider Form ((California Family Rights Act of 1993 (CFRA))200
Appendix M - Questions and Answers: Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (ADA)203
Appendix N - Sample “Confidentiality in Medical Information” Release208
Appendix O - ADA Enforcement Guidance: Pre-Employment Disability-Related Questions and Medical Examinations209
Appendix P - Sample Identity Theft Prevention Policy224
Appendix Q - Request for Doctor to Provide Fitness for Duty Exam231
Endnotes233

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