Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: The legality of room-sharing travel policies.
Question
Our policy is that when two employees of the same gender are traveling together on company business, they must share a hotel room.
Some of those employees may be taking medication or administering treatment to themselves for health problems. Are we risking a HIPAA violation by requiring them to give up their privacy?
Answer
Generally, the answer is no, says Jane Dalton, attorney with Duane Morris LLP, but there is a catch.
Inadvertent disclosure of a medical condition as a result of the same-room policy doesn’t fall under HIPAA. However, the ADA requires that medical info be kept confidential, and many states have laws that protect employees’ privacy rights in such circumstances.
So the violation might fall under ADA, not HIPAA.
