The law prohibits asking certain questions of applicants and employees (such as their religion, medical condition, and so on).
Not only can you get into trouble for asking questions, you can also be at risk if you answer certain questions about your workers. For example, you can be sued for defamation if you give out "bad" information about workers. And, you can be sued if you erroneously give out "good" information, too.
But, what about "neutral" information? For example, is it legal to produce a directory of your employees' home addresses and telephone numbers? If someone is out sick, can you let their co-workers know where to send flowers and get-well cards?
There's always a risk that a sensitive individual will complain about an "invasion of privacy." Although employees have a right to privacy, a company may be entitled to "invade" this privacy if it has a legitimate business reason.
When information is easily found in a telephone directory, it's usually not considered "confidential." Still, a person who isn't listed (or is listed under another name) might expect their employer to also keep the information secret. Plus, starting in 2009, New York labor law 203-D prohibits employers from releasing to the general public any "personal identifying information" about employees, including their home address, telephone number, or personal email address.
So, before sharing information about employees, be sure to consider whether there is or isn't a business reason to do so.
