Skip to main content

Recently Asked Questions (RAQs)

To search the database of RAQs, use the site-wide search. To browse, select a subject tag on the right side of this page.

Submit a Question to Ask the Lawyer About the Service

Displaying 221 - 225 of 414
Question Submission Date
Proof of vaccination from employees

We are a large (100-employee) school district public library. We are currently encouraging and educating employees on getting vaccinated, but not (yet) *requiring* vaccinations. We are providing employees with up to 4 hours of paid time off to obtain the vaccine voluntarily--if their vaccine appointment occurs during hours/days when they would otherwise be scheduled and working for us--and requiring proof of vaccination if this paid time off is used.

My question has to do with requiring or requesting proof of vaccination for employees who get vaccinated during their "off hours" and opt not to use this specific paid time off type. Can or should be asking for proof of vaccination from *all* employees, so that we can have some sense of how many employees have been vaccinated, if that is to somehow figure into any decisions we might need to make re: staffing and proximity to others, or any considerations for the possible liability of "direct threat" to others by those who either choose not to get vaccinated, or are awaiting vaccination eligibility?

If it is desirable or permissible for us to obtain proof of vaccination universally, should compliance by the employee be optional/voluntary or compulsory?

If we can obtain proof from everyone, I assume that this should be handled by HR (me) in the typical manner of any confidential medical information. But how do (or can) I share specifics on who has been vaccinated (versus who has not) with others, such as supervisors and managers? They might wish to know details in order to schedule staff accordingly. But at the same time, I would be leery of divulging such information, out of concerns for maintaining employee confidentiality, possible discrimination by unwitting supervisors, etc. I might be more inclined to/comfortable with reporting general numbers--i.e., of 100 employees, 29 have been vaccinated to date--than to share employee-specific details, but am not sure if that would be helpful, or really what information *is* helpful for employers to track and report on internally where vaccination status of staff is concerned.

This is an invaluable service. Thank you for your consideration of my questions and for any guidance you can give!

Archival materials, Privacy, and FERPA

My institution has a small number of documents in our archives related to previous graduate students. Some are definitely educational records (transcripts, field placement evaluations). Then there are a) letters of recommendation received by the school or written by school faculty/administrators and sent to other schools, b) some correspondence between a student and the school/administration, and other items like c) copies of images or articles from student publications.

The documents span decades.   Most --- but not all--- of these former students are confirmed deceased. Most items in this small group of documents relate to alumni who were/are notable, but in widely varying degrees.

A few of these documents concern a famous alum, who passed away.  An outside researcher is asking about the documents related to that alum, and unfortunately, there are no surviving institutional access policies related to student records or unpublished correspondence in our archives. We want to respect copyright, FERPA, and the alum's estate.

For the educational records, I can't find clear guidance on how long FERPA access restrictions last, but other academic collections seem to allow access 50-75 years after the former student's death.

So, a few questions:

1) When should on-site access to historical educational records be allowed (if ever), with reference to FERPA? What about providing copies of historical educational records?
 

2) When should on-site access to unpublished, non-educational records related to former students be allowed, in reference to state and federal copyright and privacy laws, and possibly FERPA? What about providing copies of these documents?
 

3) Should we take a more risk-averse approach to high-profile alumni materials, or should our policies apply equally to all alums?

Online posting of area drone pictures

One of our member libraries has asked me the following question:

"We'd like to create an online catalog of drone pictures of our area. What do we need to consider? We know people are posting these pictures on Facebook, and we'd like to request permission to collect them all in a catalog on our website. Please let me know any technical issues or legalities we need to keep in mind. I think it's a good idea, but I don't know exactly how to implement it."

Are drone pictures copyright free as they are in other people's properties and cover large areas? Is it legal to post drone pictures without permission?

Thanks for any thoughts on this topic!

Removal of Trustee From Board

Our board meetings are now 100% remote, and one trustee has failed to attend every session since the start of the pandemic.  How can our board address that, if we know the move to virtual meetings (unfamiliarity with Zoom, bad internet, etc.) is the reason for the absence?  Is removal an option?

Follow-up question to heavy smells in library policy

In reviewing your response to a question on Nov 17, 2020 from an adjunct library science professor, your advice is to create a "smell free zone" in the library for those patrons bothered by another person's odor. Your reply, however, does not address staff who are complaining as well about a patron's body odor. Often, the staff take the complaining patron's side. Often, the odiferous patron is a regular patron who spends hours at the library often on the Internet where PC workstations are relatively close to each other. Yes, I can tell staff it is part of their job to deal with it but often that results in a demoralized angry staff- not something I want to cultivate.
Thank you in advance! This column is very helpful!