Chapter 11: Workplace Privacy Flashcards
What are the three relevant torts to employee privacy?
- Intrusion upon seclusion
- Publicity given to private life
- Defamation
What is intrusion upon seclusion?
One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.
What is publicity given to private life?
One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person and (b) is not of legitimate concern to the public.
What is defamation?
A communication tending “so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.
What federal laws with employment privacy implications regulate benefits related information?
- HIPAA
- COBRA
- ERISA
- FMLA
What federal laws with employment privacy implications regulate data collection and record keeping?
- FCRA
- FLSA
- OSHA
- Whistleblower Protection Act
- NLRA
- IRCA
- Securities Exchange Act of 1934
What federal laws with employment privacy implications regulate monitoring practices?
- Employee Polygraph Protection Act of 1988
2. Wiretap Act, Electronic Communications Privacy Act, and SCA
Which federal agencies protect employee privacy?
- DOL
- EEOC
- FTC
- CFPB
- NLRB
The DOL oversees…
The welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements.
The EEOC prevents…
discrimination in the workplace.
The FTC and CFPB regulate…
unfair and deceptive trade practices.
The NLRB conducts…
elections and investigates and remedies unfair labor practices.
What is the ADA?
The Americans with Disabilities Act of 1990
What does the ADA do?
It created important restrictions on medical screening of candidates before employment. The law forbids employers with 15 or more employees from discriminating against a “qualified individual with a disability because of the disability of such individual,” and specifically covers “medical examinations and inquiries” as grounds for discrimination. Before an offer of employment is made, the ADA permits such examinations and inquiries only where “job related and consistent with business necessity.”
When may a company require a medical examination after an offer of employment, and condition the offer on the results of the examination?
If
- All entering employees are subjected to such an examination regardless of disability,
- Confidentiality rules are followed for the results of the examination, and
- The results are used only in accordance with the statutory prohibitions against discrimination on the basis of disability.