ABA Family Legal Guide

Law and the Workplace

On the Job

Privacy in the Workplace

Do state laws protect the confidentiality of workplace records?

Some states have statutes prohibiting the disclosure of certain employee information. Several states, including California, Florida, and Pennsylvania, prohibit disclosure of employee medical records. At least one state, Connecticut, prohibits disclosure of any employee personnel information without the written consent of the employee in question.

Unnecessary disclosure of information in which the employee has a reasonable expectation of privacy may result in employer liability in tort for invasion of privacy or intentional infliction of emotional distress.