Privacy Issues in the Workplace

 Legal snapshot: Medical Testing and Medical Information

 Constitutional Right of Privacy, Cal. Const. art. I, § 1  Fair Employment and Housing Act (FEHA), Cal. Gov. Code §§ 12900, et. seq  American with Disabilities Act (ADA), 42 USC §§ 12101, et. seq.  Confidentiality of Medical Information Act (CMIA), Cal. Civil Code §§ 56, et. seq. Health Insurance Portability and Accountability Act (HIPAA), 42 USC §§ 1301, et. seq.  Public Safety Officers’ Procedural Bill of Rights Act (POBR), Cal. Gov. Code §§ 3300, et seq.  Firefighters Procedural Bill of Rights Act (FOBR), Cal. Gov. Code §§ 3250, et seq .  Genetic Information Nondiscrimination Act (GINA), 42 USC §§ 2000ff, et seq. 

Applicable laws:

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Various other California statutes

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Common law torts

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Applicants and employees

Who and what is protected?:

 Information about medical/psychological conditions

Privacy Issues in the Workplace ©2019 (s) Liebert Cassidy Whitmore 51