Chapter 7: Workplace Privacy Flashcards
FCRA relation to Workplace Privacy
Companies run credit reports (consumer reports). Those are regulated by the FTC, who enforces the FCRA.
CFPB Sterling Infosystems enforcement
2019 Provided inaccurate or wrong background check information.
Fined $6 million for victims and $2 million in penalties.
Who enforces the FMLA, OSHA, and EPPA (employee polygraph protection act)?
Department of Labor
EPPA
Employee Polygraph Protection Act
Who enforces Title VII of the Civil Rights Act, The Age and Employment Discrimination Act, Title 1 of the ADA, and the Genetic Information non-discriminatory Act?
EEOC
What does NLRB control?
Relationship between unions and employees
Workers rights
OSHA (Agency)
Handles workplace safety and complaints.
Who can request permitted disclosures of worker health information?
OSHA
Which agency can request information about the workforce that is relevant to investors?
SEC
Title VII protects jobs seekers based on… (7)
Race
Religion
National Origin
Gender
Pregnancy
Childbirth status
Age (over 40)
Examples of reasonable accommodation… (4)
Modified workstations
Adaptive technology
Modified policies
Making facilities accessible
Examples of public accommodations and services…
Public transportation
Wheelchair access
Elevator availability
Telephones
Public buildings
ADA Undue Hardship
Employers are not required to provide accommodations that require “significant difficulty or expense”
ADA hiring discrimination
Employer can’t use disability as a reason to not hire a qualified applicant
Information about disabilities that an employer possesses must…
Be kept in a separate confidential file
Genetic Information Nondiscrimination Act (GINA) (2)
Illegal to use genetic information for hiring and other HR decisions
Illegal for employers to gather genetic information
Few exceptions when an employer encounters genetic info…
GINA: If genetic info is encountered…
It is stored separately and kept confidential
Does FCRA apply to consumer reports used for employment purposes?
Yes
Background screening requirements for employers
Written notification
Written authorization stating if it’s a one time check or will be repeated
Inform candidates if personal contacts will be interviewed
Certify to the background check company that they are compliant with FCRA and other laws
Investigative report
Consumer report that includes interviews with contacts
Does FCRA cover investigations performed by the employer without 3rd parties?
No
Personality or behavior tests
Allowed as long as they are limited to an applicants job related knowledge, skills, abilities.
If they reveal disability or protected class info, they may violate the law.
Polygraph testing for employment
Not permitted directly or indirectly. (not even suggested)
Law covering polygraph testing in the workplace…
EPPA
EPPA exemptions (4)
Government employees
National security employees
Pharmaceutical employees in critical roles
Those suspected of stealing
Can employers factor in history of substance abuse or seeking treatment for substance abuse?
No
Can identity groups be targeted for drug or alcohol testing?
No
Types of jobs that are required to drug test…
Some DOD
Transportation
Federal national security and law enforcement
Some local emergency responders
Employer social media checks
Must not use information related to protected class in hiring
States with laws covering biometric workplace data (3)
Illinois
Texas
Washington
Wellness programs
They may reveal a protected class. Also, potential risks with using incentives such as the Yale case, where people had to Opt Out and lose money.
How do employers manage ECPA wiretapping/monitoring concerns?
Notice and consent in an employee handbook
How do companies deal with privacy of worker stored communications (ECPA)?
Policies, notice, and consent
Can companies open employee snail mail?
Yes
Monitoring union employees
Cannot explicitly monitor union activity or give the impression of doing so.
Which law created a FCRA exception for employee investigations?
FACTA
What must be provided to allow an investigative report on an employee?
Showing the purpose of the investigation is employee misconduct
What must be provided to an employee if a report impacts a decision from an investigation?
Copy of the report
Transition management
Steps taken to protect privacy when an employee terminates
Why is record retention important in employment cases?
Protects the company from accusations and risks of records mismanagement in eDiscovery.
Service letter acts
Laws requiring companies to confirm employment
