EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Confidentiality; Privacy

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604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.04000 – Confidentiality; Privacy

The City did not meet its burden to prove that disclosing disaggregated race/ethnicity information to union invades privacy in a manner that is serious in both its nature and its scope, much less that there is a serious privacy invasion that outweighs union’s representational purpose in seeking the information. Employees’ privacy interest in their race/ethnicity is limited enough that it gives way to a union or plaintiff seeking to investigate, prevent, ameliorate, or remedy workplace discrimination. The City is not shielding race/ethnicity information from a third party that seeks to profit or benefit from the data, or that significantly risks taking actions harmful to the employees. Rather, the City raises the issue as an obstacle to disclosing data to the employees’ exclusive representative, data the union requested to assist in investigating potential discrimination. An employer interposing employees’ alleged privacy interests is a particularly weak argument when it hinders the same employees from receiving assistance, and such an argument does not normally outweigh a union’s antidiscrimination purpose. (pp. 14-16.)