The ADA requires HR and employers to maintain strict confidentiality on any medical- or disability-related information. That means keeping it in a separate, secure file, away from prying eyes that have no business viewing the information. But confidentiality doesn’t apply just to paper or electronic records. Employers also have to make sure they don’t discuss such information with those who don’t need to know.

With workplace violence continuing to make news, employers naturally want to lessen the chance that an angry employee will try to do harm. When they’re about to fire an employee, some employers search the worker’s car to make sure it doesn’t contain any weapons. Handle that search as unobtrusively as possible.

You’re probably familiar with the legislative fight brewing over the proposed Employee Free Choice Act. That debate has spotlighted a fact many employers don’t realize: Nonunion employers must comply with requirements of the National Labor Relations Act. To help you comply, here are the major traps to watch for.

Q. I heard that Facebook use is really picking up, but I don’t think most of our employees are that tech-savvy. Should I be concerned about my employees accessing social networking sites while at work?

Q. Lately we have been concerned about workplace theft—both of our property and that of our employees. We would like to search our employees’ lockers, each of which is secured with a worker’s own lock. Is this legal? Do we need the employees’ consent?

The Genetic Information Nondiscrimination Act of 2008 was enacted in response to concerns that insurers and employers could use results of genetic testing to discriminate against applicants and employees. Covered employers should consider updating their employment policies and practices to comply with GINA’s many technical requirements.

Don’t, under any circumstances, use co-worker resentment over disability accommodations as a reason to transfer or terminate the disabled employee. If you’re intent on getting rid of a disabled employee, you’d better have a better reason than that.

The ADA requires employers to maintain strict confidentiality on any medical- or disability-related information. That means keeping it in a separate, secure file, away from prying eyes that have no business viewing the information. But confidentiality doesn’t apply just to paper or electronic records. Employers also have to make sure they don’t discuss such information with those who don’t need to know.

Q. We recently received a subpoena to produce an employee’s personnel file in connection with a lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

The U.S. Supreme Court agreed late last year to rule for the first time on whether employees have a right to privacy when sending text messages on cell phones and electronic devices supplied by their employers. The case involves several California police officers who were disciplined for sexually explicit texts.

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Q. We don’t have a lot of space in our office. Our HR staff shares space with administrative employees and some managers. Must we separate the HR staff from others to protect employee records from snooping eyes?

The U.S. Supreme Court agreed Monday to hear a case that could settle the contentious issue of whether employers have a right to read personal text messages employees send using employer-provided equipment and bandwidth. It's yet another bump in the evolving landscape of employee use of technology at work (the topic, by the way, of this week's HR Specialist webinar, "Employees Online: Social Media at Work").

Q. I am a manager for a local bank. I strongly suspect that one of my tellers is stealing because his drawer is short every week. I have interviewed several employees, but no one knows anything, and the teller refuses to answer any questions regarding the missing money. Can I require him to take a polygraph test?

When it comes to work-related matters, many private-sector employers think that employees’ rights to privacy are limited, if they exist at all. A recent $1.8 million jury verdict should help dispel that myth.