 A $35,000
Mistake... Employees Right To Privacy Handled Carelessly Brings Home A Costly Lesson
Denny's restaurants paid the price for
carelessness in a case where a
supervisor who requested time off
revealed that he was HIV-positive and
the information was inappropriately
handled. The information was
disclosed to employees who had no
need to know about his medical
condition.
The employee filed an
EEOC charge alleging that he was
discriminated against in violation of the
Americans with Disabilities Act
(ADA). The HIV-positive employee
said several other coworkers and
customers learned about the condition,
and that there was harassment in the
form of intrusive questions, avoidance,
and rejections by other employees and
customers.
Another employee was
even threatening to sue Denny's,
claiming that they had exposed her to
risks of contracting HIV.
As a result, all Denny's
restaurant employees are now required
to attend a one day "civil treatment"
training session to familiarize
themselves with employment laws such
as ADA, policies and procedures had
to be updated, an individual had to be
designated whom employees could go
to with complaints, and assurance had
to be given that the complaints would
be investigated promptly. (Try
estimating those costs just for fun!)
There was also a payment of
$35,000 in damages and attorneys fees.
The bottom line... make sure
that medical records are kept separate
from other employee records and that
medical records be strictly limited to
those who have a need to know.
Don't
underestimate the cost of being careless
in situations involving a persons right to
medical privacy in the workplace.
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Domestic Abuse
& Workplace
Violence -
A
Liability Issue For
Employers
Because domestic abuse usually takes
place in private many businesses have
tended to see it as a personal and not a
workplace problem. Today these lines
are becoming blurred, and "looking the
other way" may become a liability issue
for companies who don't confront this
issue head on. The unpleasantness of
these situations makes it completely
understandable that managers may shun
becoming involved, but that won't stop
a company from being involved if the
situation gets out of hand.
Failure to act can now get
employers in big trouble where
domestic violence is concerned. If an
employee or coworkers are assaulted or
killed by an abuser and a company
knew or should have known about the
situation, then that company could be
defending its self in court.
Courts have held companies
liable for negligent hiring, negligent
retention and for failure to warn
because domestic violence that crosses
over into the workplace may be
predictable and preventable. One
company was sued for $5 million when
an employee and several coworkers
were killed by the employee's
ex-partner. The woman said her partner
had threatened to kill her at work (the
one place he knew he could find her)
and the company was found negligent
because it failed to act.
Companies may consider a
"zero tolerance policy" regarding
domestic violence. Occupational
Health and Safety Act regulations
obligate employers to provide a safe
and healthful workplace, and dangers in
the workplace as the result of domestic
violence are not an exception.
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In addition to the trauma and
upset caused by these situations,
companies loose money when domestic
violence lowers productivity and raises
health-care costs.
Consider these figures from
the U.S. Department of Justice:
74 % of employed battered women
are harassed by their abuser at work
56% are late for work and 28%
leave early at least 5 days a month
54% miss at least three days a
month
75% have used company time to
deal with their violence related matters.
Here are samples of some
policies which have been effective for
some companies:
training management and
employees to recognize the signs of
domestic violence
making informational pamphlets on
abuse available in private places such
as restrooms
offering affected employees flex
time
offering up to 3 weeks paid leave to
get out of the abusive situation
establishing extra security or
warnings to employees once someone
reveals a threat
letting victims know they will not
lose their job simply for disclosing the
abusive situation (this is a key point)
And last, but not least -
confronting domestic violence where it
crosses into the workplace is the most
cost effective thing to do for a
company, it is also the right thing to do.
You might save someone's life!
Braun Consulting Group - we tackle the tough problems of our clients head on, and help them solve the problems that need experience and resolve!
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