taylor@hplabsc.UUCP (Dave Taylor) (01/07/87)
This article is from William Daul at McDonnell-Douglas <DAUL@OFFICE-1.ARPA> and was received on Tue, Jan 6 87 at 5:03 pm What are an individual's rights with regards to their medical, job and education records? Can anyone gain access to them legally? When I apply for a job and list my last employers, do those ex- and current employers have to verify my employement? Can they say more than that? And what about my medical and educational records? I realize these are broad questions, but I would appreciate any responses I can get. Thanks, --Bi//
taylor@hplabsc.UUCP (Dave Taylor) (01/07/87)
This article is from Brint Cooper <abc@BRL.ARPA>
and was received on Tue Jan 6 21:50:03 1987
I can give you a partial answer.
Schools who receive any public money (especially if it can be
traced to federal sources) may not give out your academic records
without your written permission. Included is a prohibition on
instructors' posting exam results and final grades.
Similarly, your medical records cannot be released without
your permission, except perhaps by subpoena.
I'm not sure about job records. You get into a "freedom of
speech" issue here if you attempt to constrain one employer from
talking to another about a former employee.
I hope that this was helpful.
_Brinttaylor@hplabsc.UUCP (01/09/87)
This article is from sun!clt@hplabs.HP.COM (Charlie Tierney) and was received on Thu Jan 8 13:49:32 1987 In the State of California, a very strict employer - employee privacy law exists. A former employer may only state the dates of employment, salary history, job title and description, and the "Official" reason for termination - resignation, etc., of a former employee. Other information given out can open the former employer up to legal action. What this means in practice, is the personnel people must get other information which they desire by non-verbal means, or through the "old-boy(girl) network." Talk to someone in a personnel department about the California law. It has been used successfully to sue a number of times. Charlie Tierney
taylor@hplabsc.UUCP (Dave Taylor) (01/09/87)
This article is from gatech!gitpyr!jkr (J. Kenneth Riviere)
and was received on Thu Jan 8 18:35:51 1987
This doesn't have much to do with computers, but I heard about it in a
management training class I took and it is relevant to the question.
As I heard it the story goes like this: employee at an institution
(for mentally ill? for children? for handicapped? I don't recall) is
found to have been molesting the residents. The institution wants to
avoid a scandal but also wants to get rid of said employee. The employee
agrees to quit if all record of the 'alleged' molestation is removed from
the employee's work record and this is approved by the directors of the
institution. Later, the person who had managed the problem employee gets
a referral form from a similar institution which has had an application
for employment from the ex-employee. Knowing about the problem the manager
tells the truth about the employee, not wanting this person (who has been
known to molest people who had been entrusted to his care) to have
a similar opportunity to do so again. Of course, the ex-employee
is not hired at the other institution. He finds out why he was
rejected and sues the first institution for telling lies about him
and wins the case since there is no documentation that he had ever
molested anyone, all such records having been removed from his work
record. I was told that this actually happened. Personally, I
find it pretty upsetting to hear about such things.
Moral of the story: don't say anything about former employees that you
can't back up with documentation.
J. Kenneth Riviere (JoKeR) ISA, Georgia Tech, Atlanta, GA 30332
Internet: jkr@pyr.gatech.edu Bitnet: iadt1kr@gitvm1
uucp: ...!{akgua,ihnp4,hplabs,seismo}!gatech!gitpyr!jkrtaylor@hplabsc.UUCP (Dave Taylor) (01/13/87)
This article is from ames!uw-beaver!uw-entropy!sigma!bill (William Swan) and was received on Mon Jan 12 13:59:55 1987 Kenneth Riviere writes: >This doesn't have much to do with computers, but I heard about it in a >management training class I took and it is relevant to the question. >[story about cover-up for employee molesting residents] If these were children (or mentally retarded), the employer probably broke the law. In most states now, if you work with these segments of the population, and you believe there _might_ _possibly_ be a case of molestation (i.e. if there's enough evidence to even raise a question in your mind), you are required by law to report it to the Department of Social and Health Services (or whatever it is called). If you fail to do so, you are automatically an accomplice and will be prosecuted as same. If J. Kenneth Riviere is concerned, perhaps he should report it to the authorities. One good highly publicised case and I guarantee it won't happen again! Bill Swan sigma!bill [I think we can probably let this issue rest, as we've moved away from the topic of the group and into more of a legal discussion]
taylor@hplabsc.UUCP (01/14/87)
This article is from munnari!runx.oz!ronn (Ron Newton) and was received on Wed Jan 14 06:48:24 1987 A past employer must be extremely careful when approached by a third party for a reference. They leave themselves open to be sued by the person on whom they comment. A careful employer or other person who is approached for a reference would usually comment that they cannot give one. Medical records are in most cases confidential. Your doctor (including a hospital can not divulge information without your permission or a court order. Financial records fall into another category. They are in part public property and as you are no doubt aware are kept by a number of companies who provide a subscription service. However, as far as I am aware, if you are refused credit because of a detrimental report then you have the right to request a copy of the report and if the information is incorrect the company maintaining the data base is legally bound to correct the information. Note: I am not a lawyer. This is only my own interpretation of the law. [and with this, I think we can safely wrap up this discussion, or at least this particular thread... -- Dave]