Disclosure of Confidential Information

Court Denies Protection for Employee Who Released Confidential Documents

confidential stamp An employee who had delivered confidential, proprietary documents to her lawyers in a class-action employment lawsuit against the company was properly fired for violating the company’s privacy policy and code of conduct, the Sixth Circuit rules.
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EEOC Must Justify Rule Allowing Release of Company’s Confidential Information

The Equal Employment Opportunity Commission has been barred by the D.C. Circuit from divulging confidential employer information to a third party until it can show that its disclosure rules do not conflict with various federal laws, including the Freedom of Information Act and the Trade Secrets Act.
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Over 40 Percent of Large Employers Have Staff to Read Employee E-mail

Computer keyboard According to a recently released Proofpoint survey (free copy available), 41 percent of large U.S. corporations employ staff to read employee e-mail, and 26 percent have terminated employees for e-mail policy violations in the past year. Read more

EEOC Sues Seven Eleven of Hawaii for Disclosing Employee Medical Info

triera The Equal Employment Opportunity Commission has filed suit against Seven Eleven of Hawaii, Inc. and its parent company, Seven Eleven Japan Co., Ltd. for disclosing an employee’s health information to a prospective employer during a reference check. Read more

OSHA Guidance on Reviewing Employee Medical Info

The Occupational Safety and Health Administration has issued a directive to its personnel concerning the accessing of personally identifiable employee medical records during compliance reviews or where OSHA standards require such information. Read more

Violation of Company Confidentiality Trumped by IRS Whistleblower Program and SOX, ARB Rules

An employee who reported corporate credit card misuse and abuse first internally, then as a participant in the Internal Revenue Service “Whistleblower Rewards Program” where he disclosed a number of proprietary or confidential company documents, may be protected against retaliation by the Sarbanes-Oxley Act, the Dept. of Labor Administrative Review Board rules, reversing an administrative law judge decision in favor of the company. Read more

EEOC Letter Provides Guidance on Safeguarding Medical Records Confidentiality

Confidential Sign An Equal Employment Opportunity Commission advisory letter to a federal agency on the handling of employee medical records can provide guidance to private employers. Read more

Employer Must Turn Over Witness Statements to Union Unless Employer Shows Confidentiality Interest, NLRB Says

In considering whether an employer is obligated to provide witness statements to a union representing a disciplined employee, the National Labor Relations Board decides it must balance the confidentiality interests of the employer against the union’s need for the information, so the Board subsequently overrules a 1978 decision which had established a categorical exemption for witness statements in such cases. Read more

Recent Study shows that 28% of Respondents suffered at least one Cyber-Attack in the Past Year; Companies Must Plan to Protect Digital Assets

Computers According to a Deloitte Tech Trends poll of 1,749 business professionals across the country, more than one in four (28 percent) of respondents surveyed report their organizations were the victims of at least one cyber-attack in the past year; nine percent report multiple breaches. Read more