4 Flashcards
4 common law privacy torts
- appropriating plaintiff’s identity for defendant’s benefit
- placing plaintiff in false light in public eye
- publicly disclosing private facts about plaintiff
- unreasonably intruding upon seclusion or solitude of plaintiff
Gridwold v. connecticut
court first time expressly acknowledged a right of privacy implicit in the constitution
public employee
works for gov agency, providing public services
Fourth amendment
protection against unreasonable searches n seizures by gov entities
private employee
work for privately owned company, focus on profit-making
private employee rights
have common law n statutory privacy protections against:
1. surveillance n eavesdropping
2. monitoring n reviewing computer info
3. request for info from 3rd parties
4. requests for medical info
5. conduct internal investigations
2 balancing items for intrusion upon seclusion
- balance between employers need for intrusion
- employees expectation of privacy regarding intrusion
surveillance
monitoring of behaviors
- includes electronic equipment, direct observation, binoculars, postal interception…
eavesdropping
surreptitiously listening to private convo
ringelberg v vanguard
court conclude that monitoring a person’s movement using GPS tracking implicates 4th amendment
Liebeskind v rutgers
court conclude that plaintiff did not have reasonable expectation of privacy w regard to his work computer, no violations of search n seizure
west v. CJ
court says that wiretap, which disclose oral coms w out consent is offensive to reasonable person
claim for intrusion upon seclusion
- ## suffered an intentional substantial intrusion on their privacy
- intrusion would be highly offensive to reasonable person
malice
Knowingly spreading false info without regard of facts
- hurting someone on purpose
negligent hiring
employer hires employee that employer knows (or shoud’ve known) could cause injury to others
Health insurance portability n accountability act (HIPAA)
restricting access to health care info n track use and disclosure of such info.
- health care provider has duty not to disclose patients health care info
Protected Health information (PHI)
information specifically identified by federal law as subject to privacy protetion
PHI traits
- health care provider has duty not to disclose PHI
- health care provider does not have duty to provide PMI to employer or insurance carrier
Employers subject to HIPPA must:
- employer must place itself under HIPAA regulations if they need PHI
- create “firewall” between employees who administer health insurance plans n all other employees (prevent illegal dissemination of PHI)
- amend health insurance plan documents to describe how PHI will be handled
- certify in writing that they will comply w HIPAA regulation
- designate privacy official whom will be responsible for policing compliance
- notify plan participants of the company use and disclosure policies
Americans w Disabilities Act
Protect employees w physical n mental disabilities from discriminatory use of medical records to deny employment or advancement
protections against genetic testing
equal employment opportunity laws prohibit use of genetic testing n “predisposing genetic characteristics” as basis for employment decisions
policy against use of genetic testing
applicants for employment or employees will not be required to undergo any genetic testing or reveal genetic info
limited toxic chemicals exceptions
- testing prior to exposure
- informed, written consent required
- no retaliation
- confidentiality ‘
Drug-Free workplace act
mandates drug testing for employers receiving federal funding
- non statutory drug test raise privacy issue
drug testing
testing blood/urine for substances
reasonable suspicion
justifiably suspecting of a person based on facts or circumstances
substance abuse
long-term use or dependence on alcohol or drugs
employee assistance program (EAP)
range of psychological, health, fitness, n legal services for its employees to help employees solve problems that interfere w job performance
legality of EAP
in some states, if current employee test positive, they may be referred to EAP
- refusal can lead to legal termination
circumstances of reasonable suspicion
- observed alcohol n drug during work
- apparent physical state of impairment
- incoherent mental state
- unexplainable personal behavior changes
- deteriorating work performance
- accidents or actions that prove reasonable cause
drug free workplace act
mandatory drug testing of public sector employees through employers receiving federal funding
pre employment drug test
many employers mandate a pre-employment drug test
items in personnel file
- applications
- references n letter of rec
- performance eval
- disciplinary actions
- attendance records
