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Committee presses staff to clarify confidentiality in employee assistance policy
Summary
Wake County Schools’ policy committee advanced Policy 76‑45 (Employee Assistance Program) to first reading but requested clearer wording that personnel‑file documentation related to EAP participation occur only with employee consent or as required by law.
The Policy Committee advanced Policy 76‑45, the district’s employee assistance program (EAP) policy, to first reading on consent after a sustained committee discussion about confidentiality and personnel‑file documentation.
Committee members said confidentiality is critical to encourage staff to use EAP services. One committee member asked why the draft policy removed a previously explicit sentence stating that personnel files would not refer to an employee’s participation (or failure to participate) in the EAP except as previously stipulated. Committee members said removing that language could deter employees from using the program.
Staff response and proposed fix District staff explained the policy distinguishes between two related elements: the external contracted EAP provider and the district’s in‑house employee support team. Staff said information handled by the outside EAP provider is confidential and cannot be shared with the district without an employee’s signed release or legal compulsion. Staff also said the in‑house program performs brief assessments and makes referrals as appropriate.
To address committee concerns, staff agreed to reinsert clarification that documentation in personnel files that refers to EAP participation or failure to participate will occur only with the employee’s consent or when required by law. A staff attorney suggested replacing outdated wording (“personal problems”) with modern phrasing such as “personal or professional challenges.”
Why it matters: Committee members said preserving confidentiality and avoiding stigma are important to increase program uptake and to protect employees from retaliation or informal judgment when they seek help.
Action taken The committee voted to move Policy 76‑45 to first reading on consent. Staff will revise the confidentiality sentence to specify employee consent or legal exception for inclusion of EAP participation in personnel files; staff also agreed to consider restoring a brief statement that the board and staff will not impose moral judgment on participants, updated to current language.
Ending Staff will return the revised policy language for first reading; committee members said they plan to review the proposed clarified sentence before final adoption.
