Ala. Admin. Code r. 480-2-1-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 480-2-1-.02 - Disclosure Of Information

(1) The Employment Service will permit disclosure of information from its files and records:

(a) To individual applicants and employers to the extent necessary for the efficient performance of recruitment, placement, employment counseling, and other Employment Service functions.

(b) To applicants, employers, and the public, general information concerning employment opportunities, employment levels and trends, and labor supply and demand, provided such release or publication does not include information identifiable to individual applicants, employers, or employing establishments and is otherwise not in violation of Code of Ala. 1975, § 25-4-116 and § 25-4-118 or any other cooperative agreement with BLS or other agencies. No specific information directly or indirectly identifiable to an individual employer or employing establishment shall be disclosed to the general public or to individual job applicants except as provided in the referral process.

(c) To all governmental authorities lawfully charged with the administration of a law providing for public assistance, law enforcement, pension and retirement, unemployment compensation, vocational rehabilitation, or other benefit payments, but only for purposes reasonably necessary for the proper administration of such law and the disclosure will not impede the operation of and is not inconsistent with the purposes of the public employment service program.

(d) To individual employers concerning individual applicants which is pertinent to placement may be disclosed at the time of referral to an employer who is considering the applicant for a job. Such disclosure should be restricted to information which will indicate whether or not the applicant meets the employer's specifications. Employers ordinarily should not be permitted to examine or review application cards. However, when essential to expedite placement, an employer may be permitted to examine applications, provided the cards have been selected beforehand by an interviewer and do not contain any information which should not be disclosed. Employers are not permitted access to the whole application file or portions of it, or to other local office records.

(e) To courts when a subpoena is served calling for information provided the request is referred to the Legal Division or appropriate action. The Legal Division will, in those cases it deems legally necessary and proper, file the appropriate motion to quash the subpoena in those cases which information may not be disclosed under the Federal and State disclosure laws, rules and regulations. Copies of records shall be provided to a requesting party as set out under the provisions of Rule 480-1-2-.06.

Ala. Admin. Code r. 480-2-1-.02

Author: Clifford DePriest

Statutory Authority:Code of Ala. 1975, §§ 25-2-2(5), 25-2-8.