Security Insight-The Risks and Rewards of Employee Privacy
Question: Where do the bounds of employees’ medical information end? When is the price of keeping personal medical information ‘private’ too great a risk to the organization?
Answer: When it becomes part of the organization’s emergency planning and response plan.
This is an example of when various functions such as Risk Management, Security, Human Resources and the Legal functions all need to work together seamlessly for the greater benefit of the organization as a whole.
The EEOC allows for the use of employee medical information as part of emergency planning and evacuation procedures under certain circumstances. Although the alphabet soup of laws such as the ADA and HIPPA protect personal employee information, those responsible for emergency planning and evacuation have a ‘need to know’ to ensure employee safety and security. The role of planning for and carrying out crisis management is usually the responsibility of the Security department, although it takes a true team effort for successful emergency planning.
We all know that Federal disability discrimination laws are intended to protect and provide equal access to employment. This sometimes makes necessary that employers must obtain and use information necessary for a comprehensive crisis management plan. Some employees may need additional assistance in the event of an emergency due to a medical condition, either temporary or permanent. If the Security department is not aware of these needs, then how can they properly plan for an evacuation? Some employees may have medical conditions that are not apparent to others, and therefore the EEOC has stated that employers may ask employees to specify if they will require assistance. This does not impose on their right to privacy; rather it helps to ensure that they as well as their co-workers will be safely evacuated in the event of an emergency.
This information can and should be obtained after the job offer is extended, but before the employee begins their new job. This is the same point of the hiring process when other personal information is obtained, so there is no undue burden on the employer. The key to the success of this program is ensuring that the information is shared with those that need it to do their job. Employers should also periodically survey all their employees to determine if there are any specific or new information that would affect an emergency evacuation. Further, it should be made clear to the employees that disclosure of this information is made on a voluntary basis, based on self-disclosure and is requested for the intended purpose. The other side to this issue is that even those with obvious disabilities may not require assistance, so assumptions should be avoided.
This demands some type of awareness and possibly training for all involved in the process, from the hiring manager, the H R department to the Security department and possibly those involved in facilities management that would be responsible for a building evacuation.
The information must be properly protected and shared with those with a need to know. The new paradigm shift is determining who has that need? It is also appropriate that the responsible parties have a follow up conversation with those employees who have indicated a special need to determine the extent of assistance that would be needed in the even of an emergency. An example would be a wheelchair bound employee may be able to walk independently and instead assisted by one or two people in lieu of the chair. These limitations are known only to the individual, so it only makes sense to be able to ask them.
Emergency planning and crisis response is everyone’s responsibility. Current legal trends show organizations being held responsible for their employees’ safety and security, so the failure to plan is planning to fail. In the event of an emergency, it is typically security officers’ responsibility to confirm that everyone has evacuated safely. Having this information about individual employees allows them to not only plan ahead, but also provide necessary and relevant information to emergency workers such as medical personnel and police. The EEOC goes so far as to state that these employees are entitled to the information in order to fulfill their obligations regarding the emergency response plan. The individual right of privacy must be weighed with the need for emergency planning. Security’s obligation to plan for crisis and ensure employees’ safety must not be further hindered by a lack of information. For additional information on emergency planning for employees with disabilities, see the President’s New Freedom Initiative Disability Direct web site at http://www.disabilities.gov/.
