WEBVTT

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I'm considering several
people for a promotion,

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and so I asked HR to pull their
files so I can review them.

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And I wasn't expecting
to look at medical stuff,

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but since they were in the files,
I figured it couldn't hurt.

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Well, it turns out one of my strongest
candidates has Multiple Sclerosis.

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I was floored, because as far as
I can tell it hadn't been a problem.

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But now, I'm not so sure if I should
consider that person for the position.

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Okay, a couple of things
are wrong here.

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Obviously, you're not supposed
to base hiring, transfers

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or promotion decisions
on health information -

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that's a whole other subject.

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But the second legal landmine here

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is that the personnel information
and the health information

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were together in the same file.

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Remember, confidentiality of employee
records MUST be protected.

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Medical records, Workers Compensation
records and I-9 forms

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should be kept in separate,
confidential files

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and NOT in with other
employment records.

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If they're not, don't look at
that information.

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If you do look at it, don't consider it
when you are making decisions.

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Whenever you have
information about employees,

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whether it's an official personnel
file or your own notes,

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don't leave files unsecured
on your desk

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or out in your office while
in your possession.

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You get all kinds of
confidential information-

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requests for sick leave,

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doctor's notes,

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worker's comp reports,

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performance appraisals,

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salary and sick leave information.

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All of that is confidential.

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Confidential information must be
kept in appropriate confidential files,

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preferably in a locked
cabinet or office.

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We've had some complaints
of harassment going on -

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and I know I'm supposed to protect
the privacy of the people involved,

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but how do we conduct an investigation

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without having it spread across
the entire organization before lunch?

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This is another instance where employee
privacy needs to be protected -

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to the extent that it's possible.

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It's also an area with a lot of room
for mistakes, if not handled correctly.

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The appropriate professional,
who knows the law,

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should conduct the investigation based
on the company's policy and procedures.

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A prompt, thorough
investigation conducted...

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...with privacy issues in mind

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best meets the needs of the affected
parties and the organization.

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Managers can definitely
help this process go well.

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If the complaint comes through you,

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work with the investigator to share
all you know about the incident.

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Assist the investigator
in keeping all meetings,

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interviews and inquiries
as confidential as possible.

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Results of the inquiry
should only be shared

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after the investigation is complete
and conclusions are final.

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And then, only those with
an absolute need to know

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should receive the summary
of the information.

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All records of the report,
the investigation,

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the interviews and the conclusions...

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...should be kept
in a confidential file,

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separate from the general
personnel file.

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Harassment, discrimination and
other inappropriate behaviors

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are serious issues
that must be dealt with.

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Accusations, right or wrong,
can also have a devastating effect

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on a person's career,
reputation in their community

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and relationships
with other co-workers.

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And because of that,
they can lead to lawsuits.

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It's up to you as the manager

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to make sure investigations remain
as confidential as possible.