Can My Employer Legally Share Any Info About Me With Coworkers?

Employers can share some employee information with coworkers, supervisors, and third parties. Generally, employers can share work-related information, including job title, work performance, and work contact information. However, employers cannot share private information, including medical histories, sensitive personal information, and other protected information.

Employee privacy rights vary by state and depend on whether employers give notice or get the employee’s consent to share information. If your employer shares information about you with your coworkers, talk to an employment lawyer about your legal options.

Employee Privacy Laws

State and federal laws protect employees against disclosure of certain information, including medical records, employee personal information, Social Security numbers, reasonable accommodations, genetic information, and personal electronic communications.

Federal employee privacy laws include:

• Americans with Disabilities Act (ADA)
• Electronic Communications Privacy Act (ECPA)
• Fair Credit Reporting Act (FCRA)
• Family and Medical Leave Act (FMLA)
• Genetic Information Nondiscrimination Act (GINA)
• Health Insurance Portability and Accountability Act (HIPAA)
• Stored Communications Act (SCA)

Additionally, Title VII of the Civil Rights Act of 1964 limits what employers say about employees or former workers that could result in discrimination. Protected classes under employment discrimination laws include race, age, sex, disability status, and other protected categories.

Some states have stronger workplace privacy protection laws. For example, states like California and Illinois have protections against unlawful disclosure of biometric information, social media access, and electronic monitoring.

General Requirements Under Federal Employee Privacy Laws

The FMLA, ADA, and GINA require confidentiality for specified employee medical or genetic information, subject to limited permitted disclosures.

HIPAA generally does not regulate employment records an employer holds in its role as employer, although it may apply to an employer-sponsored health plan or another covered entity.

The ECPA and SCA restrict certain intentional interceptions of communications and unauthorized access to stored electronic communications, subject to statutory exceptions.

When an employer obtains a consumer report for employment purposes, the FCRA requires a clear standalone disclosure and the applicant’s or employee’s written authorization. The FCRA does not govern background checks an employer conducts without obtaining a consumer report.

What Can an Employer Share?

Employers can share work-related information about employees, including their job title, role, duties, work schedule, and work contact information. Disclosing pay rate or salary may depend on state laws, with some states requiring employee consent to disclose salary information.

Employers can generally discuss non-personal information when it is true. Making false statements that harm the employee’s reputation may be defamation. However, truth is a defense to a defamation claim.

When Employers Must Disclose Personal Information

In some situations, employers must legally share employee information. For example, employers must report income information to the IRS and local tax agencies. Employers may also be required to report workplace safety violations and workplace injuries to OSHA and local workplace safety agencies.

Employers may also share employees’ personal information with insurance providers for business insurance, health insurance, and workers’ compensation coverage. Employers generally get employee consent for sharing this information as a condition of employment or for benefit coverage.

What Can Employees Talk About?

As an employee, you can talk to your coworkers and supervisors about almost anything, with some limitations. Your employment agreement may include a non-disclosure agreement (NDA) that prohibits discussing protected information, including trade secrets and confidential information.

First Amendment free speech protections don’t apply to most private-sector workers, as the First Amendment limits government censorship. Most employees have at-will employment, and your employer can fire you for almost any reason or no reason at all.

Some forms of speech are protected at work. For covered private-sector employees, the National Labor Relations Act generally protects concerted discussions with coworkers about wages, hours, and other terms and conditions of employment, as well as union organizing. It does not cover supervisors, public-sector employees, or every individual workplace complaint.

Employment Agreements and Consent Policies

Employment agreements may include consent policies in which employees agree to let their employer share certain information. Before signing employment contracts or consent agreements, review the information to understand your rights and what protections you may be giving up.

Federal law requires a clear standalone disclosure and written authorization when an employer obtains a consumer report for employment purposes. Drug testing and other employment screening requirements depend on applicable state and local law. Some states have stronger privacy protection laws, including ban-the-box and fair chance laws for job applicants.

Employers can monitor workplace communications, including email, phone calls, text messages, and video monitoring. Monitoring is generally legal, except in areas where employees have a reasonable expectation of privacy, including bathrooms and locker rooms. However, some state laws require employers to provide notice or get employee consent.

Legal Options for Employer Privacy Violations

Employees can report an unlawful invasion of privacy and take legal action to recover compensation. Employee options depend on the type of privacy disclosure and state law. Employees can report violations to their human resources department.

The appropriate agency depends on the type of violation. The EEOC handles employment discrimination charges, while the HHS Office for Civil Rights handles HIPAA complaints against covered entities and business associates, not employer-held employment records.

Some state and federal laws provide for a private right of action to sue employers for unlawful privacy violations. Employees can seek damages, including actual damages, statutory damages, and attorney fees.

Some federal employee privacy statutes do not provide for a private right of action. However, employees may still have a breach of contract claim if their employer violates the privacy terms of the employment agreement. If an employer fails to take data privacy and security measures, it may also be liable for health data breaches.

How Can an Employment Lawyer Help?

If you think your boss or employer is disclosing private information, talk to a lawyer about your legal options. An attorney can put an end to disclosures and explain your options if your employer does not stop the invasion of privacy. An attorney can also file a lawsuit to recover compensation from your employer. Contact a local employment lawyer for more information about workplace privacy laws.