West Virginia Confidential Files
Posted by Tamara
Several federal laws and court cases mandate that an employee’s personal data be kept confidential. This data includes age, race, gender, country of origin, religion, color, medical condition and disability status. Federal law requires employers to keep disability information separate from the employee personnel files, and to keep it locked up.
To address this issue, West Virginia uses the “two-lock” system. With this method, confidential files are placed into a locked filing cabinet inside a locked room. This method is safe, and common with employers.
Neither West Virginia law nor federal law stipulates exactly how a lock system should work. Employers are mandated to do “whatever it takes” to protect the employee’s privileged information. The number of “locks” or levels of security required to comply with the federal law depends entirely on the employer. Whether two locks or ten locks are required, companies must do what’s necessary to keep the date confidential.
Relevant federal laws include the Health Insurance Portability and Accountability Act (HIPAA), Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 (ADA). In addition to the federal ADA, many states have established their own disability laws.
The point of keeping this information out of public view is to protect the employees. Even those people who have a legal right to view privileged data should have limited access. If everyone is allowed to see the data, the chance of the data being used against the employee in an aspect of employment rises dramatically. Even if the information was used inadvertently, the result is discrimination, which is illegal.
Restricting access dramatically decreases that risk.Employees should lock up confidential files when they aren’t being used. When in use, always lock them up when leaving the room or area, even if it’s for a short time. Simply placing the files in a drawer and locking the office door is insufficient. Anyone who has access to the room would also have access to the files.
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