E2, Ch 12: Employee Privacy Flashcards
right-to-disconnect laws
right to disconnect from communications from their employer during non working hours
workplace privacy
extent to which employers monitor & collect info on the activities, communications, private lives of others
4 major workplace privacy issues
- monitoring employee work, behavior etc through electronics
- collection, use of employee information in personnel files
- integrity testing
- drug testing – some consider invasion of privacy (taking strands of hair, saliva, etc.)
time tracking
recording employee hours worked through time clocks or software
keystroke logging
recording every keystroke an employee types on their computer
internet usage monitoring
tracking which websites an employee visits
email monitoring
tracking sent and received emails, including content
application monitoring
tracking which applications employees use and for how long
video surveillance
using cameras to observe employee activity
4 reasons for monitoring
- productivity improvement – ensuring employees are working during work hours
- data security
- compliance with regulations – meeting industry standard
- fraud prevention – detecting suspicious activity
2 ethical considerations fo employee privacy
- transparency – employees should be informed about monitoring practices and WHY
- privacy concerns – respecting privacy by avoiding monitoring personal activities non-work related
electronic communication privacy act
only federal privacy law; interception of unauthorized access to communication is illegal unless..
- covered by statutory exceptions
- required by govt
Employee & Student Online Privacy Protection Act
prohibits employers or educational institutions from requiring employees/student to provide them with access to their accounts or “friend” the institution
ban-the-box
policy preventing employers from asking about criminal history on job applications. Goal is to reduce barriers to employment for people with criminal records
“fair chance to compete for jobs” act
bans federal agencies and contracts from inquiring about applicant’s criminal history until applicant receives a conditional offer
consumer reports
background checks such as credit reports, criminal background, etc.
consumer reports are governed under…
Fair Credit Reporting Act
courts have ruled that consent for a background check must be a…
standalone, written, and signed document.
exceptions to a consenting consumer report include when an…
org conducts background check on its own (NOT through a 3rd party screening company)
If employer fails to hire candidate based on obtained information, then employer must provide candidate with an…
adverse disclosure statement
adverse disclosure statement
contains copy of background check company used and information containing candidate’s right to dispute the report
the ADA requires (2)…
- medical info supplied to employers must be relevant to the job and requires the applicant’s specific written consent
- physical exams can be requested only after a job offer
ethical considerations of being monitored on the job (6)
- invasion of privacy
- unfair treatment
- creates stress and tension
- excessive pressure to be productive
- low morale
- creates sense of job insecurity
6 guidelines on monitoring in the workplace
- choose metrics involving all stakeholders
- transparency on how, why you’re monitoring
- offer carrots plus sticks to link to productivity, and reward “hustle”
- good workers are not always able to do good work all the time
- monitor your own systems to ensure protected groups are not disproportionately affected
- decrease monitoring when, where you can
