Privacy Issues in the Community College Workplace

3. T HE F AIR E MPLOYMENT AND H OUSING A CT (FEHA) The Fair Employment and Housing Act (FEHA), California Government Code sections 12900, et seq., generally prohibits employment discrimination on the basis of, among other things, an employee’s physical/mental disability or medical condition. The FEHA is relevant in the context of a discussion of the confidentiality of medical records because it restricts the ability of employers to inquire about the medical condition and medical history of prospective and current employees. A violation constitutes an unlawful employment practice and may give rise to liability. 126 4. T HE A MERICANS WITH D ISABILITIES A CT (ADA) The Americans with Disabilities Act (ADA), 42 U.S.C. sections 12101- 12213, is the federal counterpart to the FEHA. Like the FEHA, it prohibits employment discrimination on the basis of a physical or mental disability. And, like the FEHA, it restricts the ability of employers to require prospective and current employees to undergo physical examinations as well as to inquire into their medical histories. 5. T HE C ALIFORNIA F AMILY R IGHTS A CT (CFRA) The California Family Rights Act (CFRA), Government Code section 12945.2, requires a covered public employer to permit eligible employees to take a leave of absence of up to 12 weeks in a 12-month period for, among other things, the serious health condition of the employee or the employee’s spouse, domestic partner, child or parent. Under certain circumstances, the CFRA allows an employer to require an employee to produce medical certification of the serious health condition entitling the employee to leave as well as certification that an employee is capable of returning to work. The CFRA also contains provisions for maintaining the confidentiality of medical information. The Family Medical Leave Act (FMLA), 29 U.S.C. section 2601, et seq., is the federal counterpart to the CFRA. Like the CFRA, the FMLA permits eligible employees to take a leave of absence of up to 12 weeks in a 12-month period for, among other things, the serious health condition of the employee or the employee’s spouse, child or parent. Likewise, the FMLA enables an employer, under certain circumstances, to require an employee to produce medical certification of the serious health condition entitling the employee to leave as well as certification that an employee is capable of returning to work. 6. T HE F AMILY M EDICAL L EAVE A CT OF 1993 (FMLA)

Privacy Issues in the Community College Workplace ©2021 (c) Liebert Cassidy Whitmore 43