Module #13 Workplace Privacy Flashcards
Workplace Privacy
No organized law for employment privacy US
Federal and State laws:
- impact and protect privacyy
- prohibit discrimination
- regulate workplace practices
Different Workplace Privacy laws
state laws in california
US laws
- -ADA (Americans with Disability Act)
- -The Pregnancy Protection Act
- -Retired Income Security Act
Privacy in the Workplace
Federal Trade Commission (FTC)
Regulates unfair and deceptive commercial practices
– Enforces a variety of laws, including the Fair Credit Reporting Act (FCRA)
>limits employers’ ability to receive an employee’s or applicant’s: - credit report, - driving records - criminal records - other reports
Privacy in the Workplace
Department of Labor (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 healthcare benefits
- -helping employers find workers
- -strengthening free collective bargaining
- -tracking changes in employment, prices, and other national economic measurements
Department of Labor (DoL):
National Labor Relations Board (NLRB):
Administers the National Labor Relations Act
- Conducts elections to determine if employees want union representation
- -investigates and remedies unfair labor practices by employers and unions
Department of Labor (DoL):
Occupational Safety and Health Act (OSHA):
Requires employers to provide a safe workplace
Department of Labor (DoL)
Securities and Exchange Commission (SEC):
Requires disclosures about payment and other information about senior executives of publicly traded companies, as well as
–registration requirements for market participants:
> broker-dealers
> transfer agents
Department of Labor (DoL)
Equal Employment Opportunity Commission (EEOC)
Works to prevent discrimination in the workplace
– Oversees many laws, including
>Title VII of the Civil Rights Act,
> the Age Discrimination in Employment Act of 1967 (ADEA)
>Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
purpose of
antidiscrimination laws
- prohibit discrimination in hiring and other employment decisions.
- -how interviews and background screening activities are conducted
HR antidiscrimination laws
protect employees from discrimination due to > wage disparity > pregnancy and child birth, > age, >bankruptcy
Civil Rights Act
Bars discrimination due to
- race,
- color,
- religion,
- sex
- national origin
Americans with Disabilities Act
Bars discrimination against qualified individuals with disabilities
Genetic Information Nondiscrimination Act
Bars discrimination based on individuals’ genetic information
Employment Lifecycle
3 stage:
before
after
during
Employment lifecycle:
Before
- Background screening
- EEOC and FCRA
- Anti-discrimination and ADA
Employment lifecycle:
During
- polygraphs and psychological testing
- substance testing
- monitoring
Employment lifecycle:
After
- terminating access to physical and informational access
- HR practice post-employment
Before employment:
background screening
lots of info on employment candidates is available thru
- public records
- private databases
- publicly available as in social media sites via internet searches
- background checks
can cause potential privacy issues
Before employment:
FCRA
- plays a role in regulating how employers perform background checks on a potential employee’s
- credit,
- criminal
- driving histories
- obtained thru consumer reporting agency (CRA)
- must be done under a permissable purpose including
- preemployment screening for evaluating candidacy or to determine if an existing employee is qualified for promotion, reassignment or retention
consumer report
consumer reporting agency (CRA)
- must be done under a permissable purpose including
- preemployment screening for evaluating candidacy or to determine if an existing employee is qualified for promotion, reassignment or retention
- employerrs must provide a notification outlining their intentions to obtain and use
- employers that do not adhere to background screening requirements are subject to civil and criminal penalties for non-compliance
- notification
- qualified CRA
- written consent
- option to dispute
Before employment
- personality and psychological testing
- polygraph testing
- substance use testing
Before employment
Personality and psychological testing
Lie detectors, such as
-polygraphs,
-voice stress analyzers and psychological stress
evaluators are used to render a diagnostic opinion regarding an individual’s honesty
Before employment
Polygraph testing
Employee Polygraph Protection Act of 1988 (EPPA) prohibits employers from using lie detectors and taking adverse action against an employee who refuses to take a test.
Before employment
Substance use testing
Testing can be done pre-employment under
- reasonable suspicion,
- post-accidents,
- routine or random
Typical jobs:
- railroading and trucking industries
- aviation
done to reduce costs resulting from:
- lowered productivity,
- accidents and absenteeism,
- medical care costs,
- theft or other illegal activity,
- maintaining corporate image and
- complying with legal rules that impose or support a drug testing policy
Pros of employment monitoring
- OSHA compliance
- Physical and cyber security
- Training, quality assuarance, security and liability
- improving work quality and keeping employees on tasks
Cons of employment monitoring
- intrusions of privacy
- complex federal laws on wiretaps and stored communication
- bargaining agreements
Employers Monitoring
ECPA
The Electronic Communications Privacy Act of 1986, or ECPA
-prohibits the interception of wire communications
-2 exceptions:
>1 of the parties give consent
>when done in the course of business
Employers Monitoring
Email and postal mail
emails are generally covered under ECPA rules in that interception is a criminal offense and provides a private right of action unless consent has been given or is done within the course of business
US federal law generally prohibits interference with mail delivery but allows the opening of business letters and packages by a rep of the business post-delivery
Employers Monitoring
Video
- Federal and state laws regulate workplace surveillance
* Recordings without sound are outside the scope of statutes
Employers Monitoring
Wellness
- current trend in the workplace
- should take caution on becoming avenues for discrimination
Employers Monitoring
Mobile computing
- personal computing devices or BYOD offers more flexibility, efficiency and productivity
- can lead to lack of employer control, exposure of the org to security vulnerabilities and threats
- privacy professionals may adopt policies, such as prohiniting employees from copying confidential info or customers PI
Employers Monitoring
telephony
- -Employers have the ability to intercept phone calls in the normal course of the user’s business.
- -However, if the call is personal, the employer risks violation of wiretap laws.
Employers Monitoring
computer usage
- Employers can use social media to inform decisions;
- - they must not violate existing anti-discrimination and privacy laws
Employers Monitoring
biometrics
- employers must give notice and obtain consent from a person before collecting or disclosing any biometric identifiers
- Illinois, Texas, and Washington now have laws specific to collection of biometrics
- biometric authentication is used as a privacy and security measure, it could potentially reveal biological info
Employers Monitoring
location-based services
–Geolocation data:
> > Monitoring of company vehicles is allowed if for business during work hours and employees have been informed.
Employers Monitoring
Photography
- -Photography falls under the same statutes and common laws as video cameras.
- -Cameras are forbidden in restrooms, locker rooms and places where employees change clothes or any other “private place.”
what privacy considerations should be taken into account when investigating employee misconduct?
- -Collective bargaining agreements,
- -laws and corporate policies,
- -documentation,
- -protecting other employee rights against retaliation
- -or other problems
requirements of employee misconduct
- -take allegations seriously
- -act in accordance with the law
- -treat employees fairly
- document misconduct and investigation
- -provide a basis for further discipline or termination
- -consider the rights of others
- -work with HR and compliance
investigation of employee misconduct
- -3rd party investigation
- -Notification is not required per FACTA
after employement termination
transition management plan:
should have a transition management plan:
- Secure method to deactivate physical access badges, keys and smartcards
- Disable access to computer accounts
- Design IT systems to minimize disruption
- Ensure the return of all devices and any company data that is held by the employee outside of the company’s systems
- Review of all work-related mail to ensure proprietary company information is not leaked
after employement termination
record retention
- The employer is protected in the event of lawsuits, legal obligations or inquiries
- Detailed and sensitive information is protected
- HR records aid with references, benefits and pension inquiries;
- address health and safety issues,
- legal proceedings,
- legal or regulation retention requirements
after employement termination
references
Companies must balance reasons to provide references with the risk of a defamation suit
• Some state statutes require references for certain occupations
• Common law imposes no duty on a former employer to do so
• Common law provides what is known as a “qualified privilege” for employers to report their experience with and impressions of the employee
Which federal agency oversees “the welfare of the job seekers, wage earners, and retirees of the United States”?
A) Federal Trade Commission (FTC)
B) Department of Labor (DOL)
C) National Labor Relations Board (NLRB)
D) Occupational Safety and Health Act (OSHA)
E) Securities and Exchange Commission (SEC)
F) Equal Employment Opportunity Commission (EEOC)
B) Department of Labor (DOL)
The Civil Rights Act bars discrimination due to what? Select all that apply. A) Race B) Color C) Religion D) Disabilities E) Sex F) National origin G) Genetic information
A) Race B) Color C) Religion E) Sex F) National origin
Job candidate background screenings are required for what types of jobs? Select all that apply.
A) Those who work with children
B) Those who work with the elderly
C) Those who work with students
D) Those who work with disabled individuals
A) Those who work with children
B) Those who work with the elderly
D) Those who work with disabled individuals
Under the Fair Credit Reporting Act (FCRA), what is not an employer requirement to obtain
a consumer report on an applicant?
A) Have a permissible purpose
B) Provide notification of the intention to run a consumer report
C) Allow the applicant to receive a copy of the report
D) Obtain written authorization from the applicant
E) Use a qualified credit reporting agency
F) Provide notice to the credit reporting agency outlining the intended purpose of the report
G) Provide the applicant with notice and a copy of the report for dispute prior to adverse action
F) Provide notice to the credit reporting agency outlining the intended purpose of the report
True or false?
The Employee Polygraph Protection Act (EPPA) prohibits employers from
using lie detectors and taking adverse action against an employee who refuses to take a test.
True
True or false? Federal law mandates substance use testing for certain positions.
True
What are the pros of monitoring in the workplace? Select all that apply.
A) OSHA compliance B) Employee morale C) Physical security and cybersecurity D) Training E) Quality assurance
A)
C)
D)
E)
Which type of workplace surveillance is permitted within the course of business? Select all
that apply.
A) Email
B) Telephony
C) Geolocation
D) All wire communications
A
B
Which procedures should be considered regarding the termination of employment? Select
all that apply.
A) Have a secure method to deactivate physical access badges, keys and smartcards
B) Disable access to computer accounts
C) Design IT systems to minimize disruption
D) Ensure the return of all devices and any company data that is held by the employee outside of the company’s systems
All of them
