Privacy Issues in the Workplace

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. Similar protection is provided to firefighters under the Firefighters Procedural Bill of Rights Act. Specifically, a firefighter cannot be subjected by his or her employer to visits by the press or news media without his or her permission. 616 Nor may an employer release a firefighter’s photograph, address, telephone number, or other contact information to the press or news media without the firefighter’s consent. 617

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.

Similarly, under Government Code section 3258, a firefighter cannot 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 that information is otherwise required to be furnished under state law or obtained pursuant to court order.

Privacy Issues in the Workplace ©2019 (s) Liebert Cassidy Whitmore 175