Privacy Issues in the Community College Workplace

Civil Code section 56.20, subdivision (b), provides that:

“No employee shall be discriminated against in terms or conditions of employment due to that employee’s refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee’s refusal to sign an authorization under this part.”

For example, if an applicant refuses to sign the authorization, the employer need not process the application. Likewise, if an employee refuses, the employer may discipline the employee for his or her performance.

J. H ANDLING AND M AINTENANCE OF E MPLOYEE M EDICAL I NFORMATION Employee medical and psychological information is understandably accorded greater protection than many other types of employee information. 1. R EQUIREMENTS R EGARDING E MPLOYEE M EDICAL F ILE California law requires an employer, including a public employer, who receives medical information to establish appropriate procedures to ensure the confidentiality and protection from unauthorized use and disclosure of that information. 216 This includes any information regarding an individual’s mental condition. 217 The procedures must include, but need not be limited to, instructing employees and agents on properly handling files containing medical information to protect the confidentiality of the information. 218 The Americans with Disabilities Act (ADA), 219 also requires that information obtained regarding the medical condition or history of an employment applicant be kept confidential with few exceptions. The ADA further requires that information from medical examinations or inquiries be placed in a separate file and not placed in an employee’s general personnel file. 220

2. C ONFIDENTIALITY OF M EDICAL I NFORMATION A CT

a. What Is “Medical Information” for Purposes of the CMIA? The CMIA defines medical information as:

“any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health service plan, pharmaceutical company, or contractor regarding a patient’s medical history, mental or physical condition, or treatment.” 221

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 68