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California’s constitutional right to privacy protects employee personnel files from improper disclosure to third parties. As a general rule, financial records should be kept confidential.
Employers must establish appropriate procedures to ensure all employee medical records and information will remain confidential and will be protected from unauthorized use and disclosure. It is recommended that another personnel file be maintained containing the more confidential information.
Records of investigations, such as those related to sexual harassment, should be kept confidential.
Access to an employer’s computer files containing sensitive information must be closely guarded, and an employer may be held liable for negligently failing to protect its system from unauthorized access.
Other laws protect the privacy of employees who are taking time off for drug or alcohol abuse treatment, or for assistance with an illiteracy problem or to cope with domestic violence, sexual assault, or stalking.