Can Employers Share Employee Information?

Can Employers Share Employee Information?

Employers collect a significant amount of information about their employees. This can include contact information, payroll records, performance evaluations, disciplinary records, medical information, background-check information, and other personal details.

But can an employer share that information with other people?

Sometimes.

There is no single federal law that makes all employee information confidential. Whether an employer can legally share particular information depends on the type of information, who receives it, why it is being shared, and the laws that apply.

Some types of employee information receive specific legal protections. For example, the Americans with Disabilities Act (ADA) generally requires employers to keep employee medical information confidential, subject to limited exceptions.

Employees may also have legal protections concerning discussions of wages and working conditions. The National Labor Relations Board (NLRB) states that policies prohibiting employees from discussing or sharing information about their wages and working conditions can violate the National Labor Relations Act (NLRA).

This guide explains when an employer can share employee information, what information may be protected, and what you can do if you believe your employer improperly disclosed your personal information.

Is Employee Information Confidential?

Not necessarily.

Employees often assume that everything in their personnel file is legally confidential. Federal law does not generally impose one blanket confidentiality requirement covering every piece of employee information.

Instead, different laws can protect different categories of information.

For example:

• Medical information is subject to confidentiality requirements under the ADA.
• Genetic information receives confidentiality protections under the Genetic Information Nondiscrimination Act (GINA).
• Certain background-check information is regulated by the Fair Credit Reporting Act (FCRA).
• Employees have rights concerning discussions of wages and working conditions under the NLRA.
• State and local privacy laws may provide additional protections.
• An employer’s own policies or agreements may impose additional confidentiality obligations.

As a result, the answer often depends on what information was shared and how it was shared.

Can an Employer Share Your Personal Information With Other Employees?

Sometimes.

An employer may need to share certain information internally so that managers, human resources personnel, payroll employees, or other authorized employees can perform their jobs.

For example, a manager may need an employee’s:

• Work schedule
• Job title
• Contact information
• Work-related responsibilities
• Compensation information for legitimate business purposes
• Leave information
• Work restrictions

However, the fact that an employer has access to information does not necessarily mean that every employee should have access to it.

Some information is subject to specific confidentiality requirements. Medical information, for example, generally must be kept confidential and stored separately from an employee’s regular personnel file under the ADA.

Employers therefore generally need to consider who actually needs the information and what legal restrictions apply before sharing it.

Can an Employer Share Your Medical Information?

Generally, employers must keep employee medical information confidential, with limited exceptions.

The ADA requires employers to maintain the confidentiality of medical information obtained from applicants and employees. The protection can apply even when the information does not contain a specific diagnosis or treatment history.

For example, information about an employee’s request for a reasonable accommodation can constitute confidential medical information.

Employers generally should not place medical information in an employee’s ordinary personnel file. The EEOC recommends keeping medical information in a separate medical file with restricted access.

There are, however, circumstances in which an employer may legally disclose medical information.

For example, the ADA permits disclosure in limited circumstances to:

• Supervisors or managers who need information about necessary work restrictions or accommodations
• First-aid and safety personnel when the information is necessary to provide emergency treatment or assistance
• Government officials investigating ADA compliance
• Workers’ compensation authorities or insurers when required for applicable purposes

The employer generally should disclose only the information necessary for the permitted purpose.

Can Your Boss Tell Other Employees About Your Medical Condition?

Generally, an employer should not disclose an employee’s confidential medical information to coworkers simply because those coworkers are curious or because the employer wants to explain an employee’s situation.

For example, suppose an employee takes medical leave.

A manager generally does not need to tell coworkers the employee’s diagnosis or provide details about the employee’s medical condition.

The employer may be able to tell coworkers that the employee is absent or that work responsibilities are being reassigned without revealing confidential medical information.

The EEOC has specifically explained that employers should make reasonable efforts to limit the number of people who know an employee’s medical information to those who need the information for an appropriate purpose.

Can an Employer Tell Coworkers Why You Are Taking Leave?

Not necessarily.

The answer depends on the type of leave and the information being disclosed.

If explaining the leave would reveal confidential medical information, the employer may have an obligation to keep that information private.

For example, telling coworkers that an employee is taking time off may be very different from telling them that the employee is undergoing treatment for a particular medical condition.

Employers should also consider whether other federal, state, or local laws impose additional confidentiality requirements.

Can Employers Share Employee Salary Information?

This issue can be more complicated than it first appears.

An employer may have legitimate reasons to maintain payroll and compensation records. But employees also have legal rights to discuss their wages with coworkers in many circumstances.

The NLRB states that private-sector employees generally have the right under Section 7 of the NLRA to discuss wages, hours, and other terms and conditions of employment with coworkers and others. An employer rule that prohibits employees from discussing or sharing information about their wages or working conditions may violate federal labor law.

That does not mean every disclosure of payroll information is automatically lawful or that every employee has unrestricted access to every other employee’s payroll records.

The important distinction is between an employer improperly restricting employees from exercising their legal rights and an employer appropriately protecting confidential personnel information.

State and local pay-transparency and pay-discussion laws may also provide additional protections.

Can an Employer Share Your Salary With Other Employees?

The answer can depend on the circumstances.

For example, an employer may have legitimate reasons for providing compensation information to employees who need it for their jobs.

But an employer should not assume that a confidentiality policy can lawfully prohibit employees from discussing their own wages.

The NLRB specifically warns that overly broad confidentiality rules concerning “employee” or “personnel” information can unlawfully restrict employees’ protected discussions about terms and conditions of employment.

This is particularly important when an employer’s policy says employees cannot discuss any employee information.

A broad rule can potentially sweep in information employees have a legal right to discuss.

Can an Employer Share Your Performance Review?

There is not a general federal law that makes every employee performance review automatically confidential.

However, employers may have legitimate reasons to limit access to performance evaluations.

A performance review may contain information about:

• Job performance
• Compensation
• Disciplinary history
• Attendance
• Workplace complaints
• Medical accommodations
• Other sensitive employment information

Whether the employer can share that information may depend on the circumstances, company policies, applicable agreements, and state or local law.

If a performance evaluation contains confidential medical information, for example, the medical information may be protected under the ADA even though the rest of the performance evaluation is not necessarily subject to the same confidentiality requirements.

Can an Employer Share Your Disciplinary Record?

Not necessarily with everyone.

There is no general federal rule making every disciplinary record completely confidential. However, employers may restrict access to personnel information for legitimate business reasons, and other laws may apply depending on what the record contains.

For example, a disciplinary record could contain medical information, information about a discrimination complaint, or information related to protected activity.

The legal analysis therefore depends on the contents of the record and the circumstances of the disclosure.

Employers should also be aware that overly broad confidentiality rules cannot unlawfully interfere with employees’ rights under the NLRA.

Can Employers Share Employee Information With Other Companies?

Sometimes.

Employers routinely provide certain employee information to outside companies for legitimate business purposes.

For example, an employer may use outside companies for:

• Payroll processing
• Health insurance administration
• Retirement plans
• Benefits administration
• Background checks
• Workers’ compensation
• Human resources services
• Tax reporting
• Legal services
• Information technology services

The fact that information is provided to an outside company does not automatically make the disclosure illegal.

However, the employer may have obligations concerning how the information is collected, used, stored, and disclosed.

Certain types of information receive additional legal protections, and state privacy laws may impose requirements beyond federal law.

Can an Employer Share Information With a Background-Check Company?

Employers can use background-check companies, but federal law places restrictions on the process.

The Fair Credit Reporting Act regulates employment background reports obtained from consumer reporting companies. The FTC and EEOC explain that employers using these reports must comply with FCRA requirements and applicable anti-discrimination laws.

Depending on the circumstances, employers may have to:

• Provide required disclosures
• Obtain the applicant’s or employee’s permission
• Follow required procedures before taking adverse action based on a report
• Provide required notices
• Give the individual an opportunity to dispute inaccurate or incomplete information

State and local laws may impose additional restrictions.

Can an Employer Share Your Information With the Government?

Yes, in some circumstances.

Employers may be required to provide employee information to government agencies for legitimate legal or regulatory purposes.

For example, an employer may need to provide information in response to:

• A valid government investigation
• A subpoena
• A court order
• Tax requirements
• Workers’ compensation requirements
• Employment-law investigations
• Government benefit programs

The existence of a government request does not necessarily mean the employer can disclose anything it wants. The employer may still be required to comply with confidentiality and privacy laws governing particular types of information.

For example, the ADA permits disclosure of confidential medical information to government officials investigating compliance with the law.

Can an Employer Share Information During a Workplace Investigation?

Employers sometimes need to share information during workplace investigations.

For example, an HR investigator may need to provide certain information to managers, witnesses, attorneys, or other people involved in investigating a complaint.

However, workplace investigations can involve competing confidentiality interests.

The NLRB has addressed confidentiality rules concerning workplace investigations and has recognized circumstances in which rules requiring confidentiality during an investigation can be lawful.

At the same time, employers cannot use confidentiality policies to unlawfully prevent employees from exercising rights protected by federal labor law.

The legality of an investigation-related confidentiality requirement can therefore depend on the wording of the policy, the circumstances, and the rights involved.

Can an Employer Share Information About an Employee Complaint?

Potentially, but the employer should consider what information is being shared and why.

Suppose an employee reports sexual harassment to HR.

The employer may need to share certain information with people responsible for investigating or responding to the complaint.

That does not necessarily mean the employer can tell everyone in the workplace what the employee reported.

In addition, if the complaint involves medical information, disability information, or other protected information, additional confidentiality requirements may apply.

Employees should also be aware that confidentiality and anonymity are not necessarily the same thing. An employer may need to identify the person who made a complaint to investigate it effectively.

Can an Employer Share Your Home Address or Phone Number?

There is no blanket federal rule that prohibits employers from ever sharing an employee’s contact information.

However, employers should consider privacy obligations, company policies, the purpose of the disclosure, and applicable state or local laws.

An employee’s home address, personal phone number, emergency contact information, or other personal details may also create safety or privacy concerns.

Employers should not assume that a general confidentiality policy automatically allows or prohibits every disclosure.

The circumstances matter.

Can an Employer Share Employee Information With Customers?

Sometimes.

An employer may need to provide customers with certain information, such as:

• An employee’s name
• Job title
• Business contact information
• Professional credentials
• Work schedule
• Information necessary to provide a service

But employers should be careful about disclosing information that is unrelated to the employee’s job or that is legally protected.

For example, a customer’s request for information about why an employee is absent would not automatically give the customer a right to receive the employee’s medical information.

Can an Employer Post Employee Information Online?

Employers sometimes publish employee information on:

• Company websites
• Social media
• Internal employee directories
• Marketing materials
• Newsletters
• Press releases

Whether this is lawful can depend on the information, the circumstances, the employee’s expectations, company policies, and applicable state or federal law.

For example, publishing an employee’s professional biography may present very different legal issues from publishing the employee’s medical information or personal home address.

Employees who are concerned about information being posted publicly should review the employer’s policies and determine what information was disclosed and how it was obtained.

Can an Employer Share Your Personal Information After You Quit?

Leaving a job does not necessarily eliminate every obligation an employer may have concerning information about a former employee.

Depending on the information involved, an employer may still have obligations under privacy, discrimination, employment, or other laws.

For example, confidential medical information protected under the ADA does not simply become unrestricted because the employee leaves the company.

Employers may also maintain employment records for legally required periods. Federal regulations require employers to maintain certain personnel and employment records for specified periods.

Whether an employer may disclose those records to another person or organization is a separate question.

What If My Employer Shares False Information About Me?

A false statement about a former or current employee can potentially create legal issues, but the rules vary considerably by state.

State defamation laws may apply to false statements that damage someone’s reputation.

Other laws may apply depending on what the information concerns and why it was disclosed.

For example, a false statement concerning an employee’s protected characteristic or medical condition could raise issues beyond ordinary defamation law.

If you believe your employer has shared false information that is harming your reputation or employment prospects, consider documenting exactly what was said, who received it, when it was communicated, and how you learned about it.

Because defamation and employment laws vary by state, the legal options depend heavily on the circumstances.

What If My Employer Shares Confidential Information About Me?

If you believe your employer improperly disclosed confidential information, start by identifying exactly what information was disclosed.

Ask:

• What information was shared?
• Who received it?
• When was it shared?
• Why was it shared?
• Was the information medical or otherwise legally protected?
• Was the information covered by an employer policy?
• Did the disclosure violate an agreement?
• Does a state or local privacy law apply?
• Did the disclosure affect your employment or cause another form of harm?

The answers can make a significant difference.

For example, an employer telling another manager your job title may raise very different legal issues from an employer disclosing your medical diagnosis to coworkers.

What Should You Do If Your Employer Improperly Shares Your Information?

If you believe your employer has improperly disclosed your information, consider taking these steps.

1. Document the disclosure.

Write down:

• What information was disclosed
• Who disclosed it
• Who received it
• When it happened
• How you learned about it
• Anyone who witnessed the disclosure

2. Save relevant evidence.

Keep copies of emails, messages, documents, or other communications that show what happened, provided you are legally permitted to retain them.

3. Review your employee handbook.

Look for policies concerning:

• Confidentiality
• Employee privacy
• Personnel records
• Medical information
• Workplace investigations
• Data security
• Social media
• Employee communications

4. Consider reporting the issue.

Depending on the circumstances, you may be able to raise the issue with:

• Human Resources
• Your supervisor
• Another manager
• An ethics or compliance department
• A government agency
• An attorney

5. Consider whether the disclosure involved legally protected information.

This can be particularly important if the information involved medical information, genetic information, wages, protected workplace activity, or information covered by a specific state privacy law.

What If the Employer Retaliates After You Complain?

Retaliation can create a separate legal issue when an employee engages in legally protected activity.

For example, federal employment laws protect certain employees who oppose unlawful discrimination or participate in discrimination investigations or proceedings.

Employees covered by the NLRA also have rights to engage in protected concerted activity concerning wages and working conditions. An employer cannot simply label information “confidential” to prevent employees from exercising rights protected by the NLRA.

If you believe you were disciplined, demoted, fired, or otherwise treated adversely because you exercised a legally protected right, document what happened and consider obtaining legal advice.

Frequently Asked Questions

Can my employer legally share my personal information?

Sometimes. There is no single federal law making all employee information confidential. The legality of a disclosure depends on the type of information, who receives it, why it is shared, and the laws that apply.

Can my employer tell coworkers about my medical condition?

Generally, medical information must be kept confidential under the ADA, subject to limited exceptions. Employers should generally limit access to people who need the information for an authorized purpose.

Can my employer tell coworkers how much I make?

Employees generally have rights under the NLRA to discuss their wages and working conditions, although those rights do not mean every employee has unrestricted access to every other employee’s payroll records.

Can my employer share my information with another company?

Potentially. Employers routinely share certain information with payroll companies, benefits providers, background-check companies, insurers, and other service providers. Additional legal restrictions may apply depending on the information.

Can my employer share information about me with a potential new employer?

The answer depends on state law and the information being disclosed. Employers may provide employment-related information in some circumstances, but false statements or disclosures of legally protected information can create legal issues.

Is employee information automatically confidential?

No. Some employee information is protected by specific laws, while other information may not have a general federal confidentiality protection.

Can an employer share employee information without permission?

Sometimes. An employer may be able to share certain information without obtaining an employee’s permission when there is a legitimate business, legal, regulatory, or other authorized reason. Whether permission is required depends on the information and applicable law.

Final Thoughts: Can Employers Share Employee Information?

Employers can share some employee information, but they do not have unlimited freedom to disclose everything they know about an employee.

The most important question is not simply whether the information belongs to an employee. It is what information is being shared, who is receiving it, why it is being shared, and what law applies.

Medical information is one of the clearest examples of information receiving special federal protection. The ADA generally requires employers to keep medical information confidential, with limited exceptions.

Employees also have important rights concerning wages and working conditions. Employers cannot use overly broad confidentiality rules to prevent employees from exercising rights protected by the NLRA.

Other employee information may be subject to state privacy laws, employment agreements, company policies, or other federal laws.

If you believe your employer has improperly disclosed your information, document what happened and determine exactly what information was disclosed. The specific facts can make a significant difference in determining whether the disclosure was legal.

For more information about workplace privacy and employee rights, explore our Employee Rights resources and related articles about workplace privacy, employee monitoring, and employer surveillance.

Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. Employment and privacy laws vary by state and situation, and the information in this article may not apply to your specific circumstances. You should consult a qualified employment attorney or appropriate government agency for advice about your particular situation. Please read our Terms and Conditions.

Article: Can Employers Share Employee Information?