Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Is it a violation of the Privacy Act if an employer discloses information regarding an employee’s disciplinary file, especially if it false? A: The Privacy Act prohibits unauthorized disclosure of private information contained in a system of records. It also requires that records be maintained with accuracy. If you believe the employment reference check form is inaccurate and assuming it exists in a system of records (which it probably does),…
Browsing: Privacy Act
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I am representing my mother in an EEO complaint. As her representative, can I request copies of the documentation she submitted to her supervisor regarding her medical leave? A: Your mother is entitled to information the government maintains in a file with her name on it. She can designate you as her representative to receive that information. It is unclear to me that you have received that status as her…
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: The Notification and Federal Employee Antidiscrimination and Retaliation (No Fear) Act states, among other things, that employees who engage in misconduct be disciplined. I filed a complaint with the EEOC and the judge ruled in my favor; however, my manager was not punished. Are you aware of cases where managers have been punished? A: No. And you may not either because such information is protected by the Privacy Act. You…