Basic Privacy Issues in the Workplace

There are also certain kinds of employee information that an employer is required to keep confidential, but which employees may have the right to disclose and discuss. For example, under the National

Labor Relations Act (NLRA), employees have the right to engage in concerted, protected activities. And that right applies regardless of whether the employees are unionized. If an employee felt he or she was unfairly paid and got together with other employees to discuss their compensation, it could be an unfair labor practice under the NLRA to take action against the employees for disclosing or discussing wage information, or their terms and conditions of employment.

Some states also have statutes that make it illegal for employers to prohibit employees from discussing information that the employer is required to maintain as private and confidential. For example, California has labor code sections that make it illegal for employers to prohibit employees from discussing or disclosing their wages or working conditions, or to take action against them for doing so.