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If your business continues to operate during the COVID-19 pandemic, you may have implemented screening procedures to identify sick employees who should not be working. Health information that you collect from your employees in this context needs to be kept confidential, and to the extent that you keep records of these screenings, you must ensure that the information is kept separate from the employee’s personnel record.

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Health information about employees is generally protected by a number of privacy laws, including the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and the Genetic Information Nondiscrimination Act (GINA). The Equal Employment Opportunity Commission (EEOC), which enforces workplace civil rights laws, including the ADA and GINA, recently issued some FAQs addressing COVID-19 confidentiality issues. Key points in this guidance are: 

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We’re here to help! If you need assistance with privacy issues, please contact <a href="~/Professionals/Attorneys/Norbert-F-Kugele" target="_parent" rel="noopener">Norbert Kugele</a>, <a href="~/Professionals/Attorneys/Hollingsworth_Kelly_R" target="_parent" rel="noopener">Kelly Hollingsworth</a>, <a href="~/Professionals/Attorneys/Chitwood-Alexandra-E" target="_parent" rel="noopener">Alexandra Chitwood</a>, <a href="~/Professionals/Attorneys/Woods-Lexi-M" target="_parent" rel="noopener">Lexi Woods</a> or any other member of Warner’s Cybersecurity and Privacy Practice Group.

Associate

Alexandra E. “Alex” Haywood

Partner

Kelly R. Hollingsworth

Norbert F. Kugele

Alexandra M. “Lexi” Woods

Corporate

Cybersecurity and Privacy

Employee Benefits

Labor and Employment

Confidentiality of Employee COVID-19 Information: An Update from the EEOC

The Warner Norcross + Judd LLP lawyer responsible for the contents of our advertising and this website is managing partner <a href="/people/mark-j-wassink/" aria-label="Mark Wassink">Mark Wassink</a> who can be reached at <a href="mailto:mwassink@wnj.com" aria-label="email Mark Wassink">mwassink@wnj.com</a> or 616.752.2189. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website.

Confidentiality of Employee COVID-19 Information: An Update from the EEOC

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