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worker96

State: Colorado - Being requred to sign invasive information disclosure contract by employer

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I have been with the same company for nearly two years.

 

Today, I was presented with a contract I was told I am required to sign relating to what information my company can collect, store, and disclose about me.

 

I figured it would all be standard stuff that I would expect from any job (social security number, educational info, etc).

 

After reading it more closely, it says it would give them the right to collect, store, and share information about my religious beliefs, sexual orientation and habits, scans of my retina, political beliefs and affiliations, and a host of other things that I in no way consent to my company storing or sharing about me.  My company is required to keep certain information about me in order to conduct business and comply with applicable law, and I'm fine with that.  But there is no reason they need to know, store, or share with others any information pertaining to my thoughts on god or politics, or who I sleep with or how I vote.  I do not work for the government or in any role that requires a security clearance of any kind.  I am a technician in a call center.

 

My understanding is that if I don't sign this disclosure, I'm going to be terminated.

 

I am not a lawyer which is why I'm posting here, but I don't understand how that could be legal.  The information they are demanding I allow them to record, keep and share has nothing to do with my job, and they are not required to collect or store it in order to employ me.  What's next, demanding that I upload the contents of my journal nightly, or allow them to implant a tracking device in my body?

 

I would appreciate any advice I can get with this.  There is no way I'm signing this thing, but I don't want to lose my job.  Thank you.

 

 

 

 

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23 minutes ago, worker96 said:

There is no way I'm signing this thing, but I don't want to lose my job

 

You might not be able to have it both ways.

 

It's legal for your employer to ask.

It's legal for you to decline.

It's legal for you to be fired.

It's legal for you to collect unemployment compensation which your employer pays for.

 

If it was me I would just say no and the heck with the job if it came to that. Who knows. There may be enough employees that say no so that your employer will back off. Have you talked to co-workers about it? Form a mini-union and everybody say no.

 

 

 

 

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Im learning the hard way that the law is on your employers side.

The ONLY thing you can do to protect your privacy is to not sign

the consent form under ANY circumstances - the courts apparently

do not differentiate between "agreed consent" and "forced

consent," to the legal system its just "consent." Once you ring the

consent bell it cannot be unrung.

 

Now be warned, unless you have a contract, the employer is allowed

to terminate you for not consenting. At that point you may... might...

maybe... possibly have the ability to sue, but by all accounts your

career with that company will end. Youre going to be drawing a 

line in the sand - maybe your employer will back down, maybe not,

but either way you need to be prepared to be jobless. Im sorry, but

thats how at-will employment works...

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Thanks for your replies, I appreciate the input.

 

And that's all about what I figured.  In today's world, I figured I probably wouldn't have much recourse as an employee in this situation.

 

I'll speak to my supervisor about it tomorrow and see how things go.  I like the idea of talking to my coworkers about it, but I'm afraid that a lot of pressure was put on us to sign this very quickly and by the end of the day today, so I'm afraid most or all of them have already signed it.

 

It seem unfortunate to me that this is legally permissible, though.  When Facebook hoovers up personal information, they are providing people with an optional service.  If someone doesn't wish to have their data collected, they don't need to use Facebook. 

 

As a working person, I do need to have a job in order to survive.  To me, it seems like putting onerous requirements on the conditions of my employment like this should be against the law.  I mean, I have to let my employer record and share information about my political affiliations and sexual habits (not even just preference, but habits) in order to work?  What? 

 

Well, I'm an American, and I'll subsist off the land before I submit to that willingly.  But better yet, I'll just find an at least marginally less-creepy job if it comes down to it.  Thanks for your help.

 

 

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Call the EEOC and ask for an interview - if theyre asking about

race, sex, religion, ect... they may step in on your behalf. But 

that could take weeks (or years) to see a resolution so dont

hold your breath. Just dont make the same mistake i did and

wait - call today! The worse they can tell you is you dont have

a case. Good luck.

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The EEOC is only concerned with whether there has been discrimination against the employee based on the employee's race, color, national origin, citizenship, religion, sex, age (if the employee is age 40 or older), disability, or genetic test information. Obtaining and keeping information by itself is not illegal discrimination. If the employer is asking for the consent from ALL employees then there appears to be no illegal discrimination taking place. It's possible some of the information the employer keeps might later be used for acts of illegal discrimination, but it would be when those later discriminatory acts are done that the EEOC would be able to act.

 

Fun fact: the employer doesn't really need your consent to collect and keep most information about you to begin with. Federal law restricts how health information, in particular information about an employee's disabilities, are collected and kept, but it does not restrict much else. Nor does Colorado law impose much in the way of restrictions on what information an employer may collect and keep either.

 

You of course don't have to sign the consent. But neither federal law nor Colorado law will protect you against termination if you refuse to sign the consent.

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it says it would give them the right to collect, store, and share information about my religious beliefs, sexual orientation and habits, scans of my retina, political beliefs and affiliations, and a host of other things that I in no way consent to my company storing or sharing about me.

 

Does it actually specify religious beliefs, sexual orientation, etc, or is it simply written in such a way that does not expressly  exclude them? I"m going for something specific here.

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11 hours ago, worker96 said:

it says it would give them the right to collect, store, and share information about my religious beliefs, sexual orientation and habits, scans of my retina, political beliefs and affiliations, and a host of other things that I in no way consent to my company storing or sharing about me.  My company is required to keep certain information about me in order to conduct business and comply with applicable law, and I'm fine with that

 

Are they actually collecting the information that you don't want them to have control over? If they aren't collecting this information you could go ahead and sign the document and then when and if they ever try to collect the information refuse to give it to them. I can't think how any of that could or would be collected (other than the retina scan and then only if they use it for security).

 

My bet is that some lazy HR person or manager yanked this wording from somewhere else.

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7 hours ago, PayrollHRGuy said:

My bet is that some lazy HR person or manager yanked this wording from somewhere else.

 

Very likely the company got the idea to do this and the wording for it from someplace else rather than internally or from its own lawyers. The vast majority of employers would have no need for a consent like the one the OP described. But someone in the company may have heard of some other firm using it and, as some people do, figured that if that other firm did it then it must be important for his/her company to do too. 🙄

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I have another question (not that my first one has been answered). How large an employer is this? I'm wondering if they're having to file an EEO-1 report for the first time.

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5 hours ago, cbg said:

I have another question (not that my first one has been answered). How large an employer is this? I'm wondering if they're having to file an EEO-1 report for the first time.

 

And by "how large" I assume you mean to ask how many employees the employer has. 😀  There are a number of measures of how large a company is, after all, like gross revenue, annual sales, number of offices/stores, etc., though of course those in HR would generally look at size by the number of employees, since most of the laws they deal with use that criteria.

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That's right. I'm wondering if they're a small company who has only just reached the size to file an EEO-1 report and is woefully ignorant as to how to go about it. I remember the first time I had to complete one, wondering how I was supposed to provide numbers of employees with characteristics I am prohibited from asking about.

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1 hour ago, RetiredinVA said:

In reading the initial post, it seems the company does not require the employee to reveal any of the information listed.  It authorizes the company to collect and store the information.

 

Unfortunately we do not have the complete exact text of the waiver here to read, so it might be that if we read the whole thing it would come across differently. But that said, I agree that as described by the OP it does not appear that he or she would be required by that waiver to disclose anything. It simply allows the employer to collect the information (which does not mean the same thing as requiring the employee to provide it — the employer might collect the information by other means) and to retain it.

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