Data Breach Response

Greetings,

AEE learned on October 18, 2021, that the Department of Administrative Services violated the privacy rights of over 40,000 State employees, including our members, by disclosing information about individual employees’ vaccination status to the media. In doing so, the State has broken the law and its promise to employees to protect your privacy. Regardless of your views on the vaccine mandate, this breach of confidentiality and privacy is inexcusable.

Many of you have asked what recourse you might have for this breach of confidentiality and what AEE’s role in responding to this situation will be. As you may be aware, AEE immediately filed the first unfair labor practice in the state over the violation of the Letter of Agreement we signed with the State that expressly prohibited the disclosure of this information. In addition, we have been gathering information about how this happened, who was involved, what the extent of the breach was, and what steps the State has or has not taken in response to make sure this never happens again.

We would also like to remind all AEE members that you each have individual medical privacy rights under the Americans With Disabilities Act and Oregon equivalent laws, and you may wish to consult with your own attorney or ask for a recommendation to assess what rights you may have to pursue legal claims against the State. We have been working with legal counsel to identify the most viable strategies and options for AEE’s members to vindicate those rights and explore options for AEE to assist its members in pursuing legal claims.

After careful consideration, the Association has made the decision to move forward in a coalition with other State employee Unions to provide financial support for members who wish to pursue legal claims against the State over the data breach. This will involve providing financial support for a class action suit or similar collective legal action to dues paying members who would like to seek legal recourse against the State. More details will be provided in the coming weeks, but if you are interested in taking part in a potential class action suit, please notify us at office@aeeo.org.

In unity, AEE