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Seeking Clarity on Privacy


Peter Gillespie was quoted in Human Resource Executive Online on December 1, 2015. The article “Seeking Clarity on Privacy” discussed how a new proposed rule by the Equal Employment Opportunity Commission attempts to provide a clearer framework for employers to follow when collecting information on employees' spouses.

Peter said the proposed change generally is viewed as a step in the right direction in an evolving law.

"There are potential issues that come up under the ADA as well as GINA and possibly even Healthcare Insurance Portability and Accountability Act issues that come into play," he said. "Because of the overlapping requirements, it's easy to get tripped up on what you can and can't do."

Peter said he's interested to see whether children's information will remain out of bounds -- especially because a dependent could be considered a "child" up to age 26.

The EEOC said in its statement that the possibility that an employee may be discriminated against based on genetic information is greater when the employer has access to information about the health status of the employee's children.

Peter said he expects further guidance on incentives -- but this would allow employers to offer stronger wellness programs.

"I do think we will begin to see more comprehensive programs and incentives involving spouses," he said.

To read the full article, please visit HR Executive Online.

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