Employee privacy law and the developing law relating to employee medical information and "other" private matters

Abstract

This article considers employees' rights of privacy in the context employer access and use of employees' medical records and other evidence of employees' private lifestyle choices. The author surveys the common law right to privacy in both the public and private sector, at the state and federal level before considering the new developing areas of employee privacy. The article explores challenges to employers discriminatory act based on employees' medical records, HIV status, sexual orientation. The author concludes that employers must be vigilant to protect the privacy interests of employees so as to avoid tort and statutory claims for invasion of privacy.