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HR privacy Nebraska

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  • HR privacy Nebraska

    I have a question regarding employee confidentiality. I have, on many occasions, heard our HR manager speak of employees personal information. This information includes drug testing (failures), drug/alcohol rehabilitation, psychological and medical conditions. I have been both an active and passive participant in these conversations. However they have all been in public areas (hallway, breakroom.) None of the things I have heard have been due to surreptitious listening i.e. eavesdropping.

    My question is: Is this legal? It would seem to me that this information should be held highly confidential. What would someone do about it? Are the violations state centered or are there federal regulations regarding privacy?


  • #2
    Yes, this information *should* be considered confidential. However, unless the information was obtained THROUGH the employer's self-insured group health insurance plan or if there are ADA implications, this does not violate any law, either Federal or state.

    HIPAA does not extend as widely as most people believe. This is most likely an internal policy issue, not a legal one.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.