Privacy Issues in the Workplace

 Legal snapshot: Drug/Alcohol Testing and 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, Cal. Gov. Code §§ 3300 et seq .  Firefighters Procedural Bill of Rights Act, Cal. Gov. Code §§ 3250 et seq.   Require pre-employment drug/alcohol tests unless they are job-related and consistent with a business necessity, narrowly tailored, and uniformly applied  Require drug/alcohol testing of existing employees unless there is reasonable suspicion  Disclose drug and alcohol testing information about an applicant/employee absent written authorization, court order, or subpoena  Applicant’s/employee’s interest in keeping off-duty conduct private v. Employer’s legitimate interest in and obligation to provide a safe and drug-free work environment  Various other California statutes  Common law torts  All applicants and employees  Information about drug and alcohol use

Applicable laws:

Who and what is protected?:

Generally, employers must NOT:

Applicable balancing test:

Privacy Issues in the Workplace ©2019 (s) Liebert Cassidy Whitmore 81