May an employer ask for employees’ home phone numbers or phone numbers where they will be staying if they are caring for family members? May the employer ask for home e-mail addresses? Are there privacy rules for this information or may this information be shared with other employees?
Category: Equal Employment Opportunity and Privacy Issues Questions
Sub-Category: Privacy Issues
Answer:
Yes, you may ask for phone numbers and email addresses consistent with any non-discriminatory workplace policy you may have in place. Although there are no Federal laws governing this area, there may be state laws governing privacy of which you should be aware.
Keep in mind that you may not be familiar with all of your individual employees’ personal circumstances and that on occasion, sharing private contact information or other personal information among employees may be objectionable for any number of legitimate reasons. In certain instances, under federal equal employment opportunity law, employers may be liable for workplace harassment that occurs at the hands of fellow employees.
We strongly encourage you to limit the information collected to only that which is necessary, and limit the individuals with whom the information is shared, unless you have the consent of your employees.
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/24/2008
