Privacy Issues in the Community College Workplace

Pursuant to Section 1280.18(c), the department may conduct joint investigations of individuals and health facilities for violations of Section 1280.18 and Section 1280.15, respectively.

13. A DOPTING A P RACTICAL A PPROACH Complying with the various state and federal laws is not as difficult as it might first appear. It should be apparent after reviewing this workbook that state and federal laws on this topic are very similar and, in many instances, identical. Thus, compliance with state laws will very often equate to compliance with federal laws. To the extent that there are differences between state and federal law, California law tends to impose greater restrictions on the acquisition, use and disclosure of medical information by employers. Thus, as a general rule, if an employer follows California law governing the acquisition, use and disclosure of medical information, the employer will meet or even exceed federal requirements.

 Legal snapshot: Medical Testing and Medical Information

 Constitutional Right of Privacy, Cal. Const. art. I, § 1  Fair Employment and Housing Act (FEHA), Cal. Gov. Code §§ 12900, et. seq  American with Disabilities Act (ADA), 42 USC §§ 12101, et. seq.  Confidentiality of Medical Information Act (CMIA), Cal. Civil Code §§ 56, et. seq. Health Insurance Portability and Accountability Act (HIPAA), 42 USC §§ 1301, et. seq.  Public Safety Officers’ Procedural Bill of Rights Act, Cal. Gov. Code §§ 3300 et seq.  Genetic Information Nondiscrimination Act (GINA), 42 USC §§ 2000ff, et seq. 

Applicable laws:

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Various other California statutes

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Common law torts

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Applicants and employees

Who and what is protected?:

 Information about medical/psychological conditions

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 48