Flexible Work Considerations: Liability, Security, Discrimination and Privacy

UC Davis wants all employees and university property protected while employees work remotely. 

Liability

Auto
  • The employee’s personal auto liability coverage is primary and must comply with UC Policy G-28 on regulations governing travel. 
  • Mitigation Measure: The supervisor/department head should advise the employee that using their vehicle for university business may affect their auto insurance coverage. The employee should review their policy and discuss any concerns with their carrier.
Workers Compensation
  • Work-related injuries incurred at the remote worksite, during agreed upon working hours, are covered by Workers Compensation and should be reported promptly to the supervisor/department head. 
  • Mitigation Measure: The supervisor/department head should advise the employee that such reports of injuries will be handled in the same manner as reports of injuries at the primary worksite.
     

Protection of the University’s Intellectual Property

  • The university may risk a loss of intellectual property and/or risk infringing on the privacy rights of others if workers disclose information they should not as a result of the informal setting.
  • Mitigation measure: The supervisor/department head should ensure that the unit/department's policies regarding proprietary and personal information cover remote worksites and should advise the employee about the risks of inadvertent disclosure of unit/department or personal information, the value of that information, and the consequences of disclosure. 
     

Discrimination 

  • The university may be liable for sex discrimination if a unit/department acts on sex stereotypes about who would be most qualified for remote work. Unit/departments should be careful not to decide remote work arrangements based upon an employee's disability or status.
  • Mitigation measure: Supervisors/unit/department heads should be educated on the importance of not making assumptions about employees who request remote work. Requests should apply consistent criteria for approval.
     

Electronic privacy concerns

  • An employee's expectation of privacy in the workplace (email, phone calls) may increase when working remotely. This is not a huge concern given the expansive privacy rights and incidental use afforded by UC policy.
  • Mitigation measure: Unit/departments should put into writing what the employees' expectation of privacy should be.