Privacy Issues in the Community College Workplace

Policies prohibiting the use of any language are reviewed under a stringent standard. Section 12951(b) requires that the employer show (i) “an overriding legitimate business purpose” that makes the language restriction “necessary to the safe and efficient operation of the business,” (ii) that the restriction fulfills the business purpose, and (iii) that there is “no alternative practice to the language restriction that would accomplish the business purpose equally well with a lesser discriminatory impact.” Importantly, employers are subject to Section 12951 even if the policy is verbal, and not reduced to writing. Employers cannot verbally threaten employees with discipline, or any other adverse action, for speaking in languages other than English. Any policy, whether verbal or written, will subject the employer to liability under Section 12951. Section 12951 became effective in 2002. Thus, employers should not rely on case law decided before Section 12951 was enacted in developing language restriction policies. Cases that were decided prior to its enactment would likely have a different outcome in light of Section 12951. 7. M EDIA A TTENTION Under Government Code section 3303(e), the employer [law enforcement agency] must not cause the public safety officer under interrogation to be subjected to visits by the press or news media without his expressed consent nor shall his home address or photograph be given to the press or news media without his expressed consent.

8. F INANCIAL S TATUS

Given the right of privacy, employers must have a job-related reason for inquiring into an employee’s financial status.

Under Government Code section 3308, no peace officer can be required or requested for purposes of job assignment or other personnel action to disclose any item of his or her property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of his or her family or household) unless:

 Such information is obtained or required under state law or proper legal procedures;  Tends to indicate a conflict of interest with respect to the performance of his or her official duties; or  Is necessary for the employing agency to ascertain the desirability of assigning the public safety officer to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered.

These conditions are not conjunctive; therefore, any one of them allows the employer to require the disclosure.

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 170