Workplace Privacy Flashcards
Does the US have an overarching national employment law?
No, some state constitutions provide employee protections, nothing at federal level. Instead, look at through ADA, Pregnancy Protection Act, Retired Income Security Act, etc.
How does the Federal Trade Commission (FTC) contribute to privacy in the workplace?
- Regulates unfair and deceptive commercial practices
- Enforces a variety of laws, including the Fair Credit Reporting Act (FCRA), which limits employers’ ability to receive an employee’s or applicant’s credit report, driving records, criminal records and other reports
How does the Department of Labor (DOL) contribute to privacy in the workplace?
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, and tracking changes in employment, prices, and other national economic measurements.”
How does the National Labor Relations Board (NLRB) contribute to privacy in the workplace?
- 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
How does the Occupational Health and Safety Act (OSHA) contribute to privacy in the workplace?
Requires employers to provide a safe workplace
How does the Securities and Exchange Commission (SEC) contribute to privacy in the workplace?
- Requires disclosures about payment and other information about senior executives of publicly traded companies, as well as registration requirements for market participants, such as broker-dealers and transfer agents
- Protects employees’ right to report possible securities violations (aka “whistleblowers”)
- Note: While the SEC has not traditionally been involved in employee privacy protection, it does protect an employee’s right to report violations to the Commission. Some recent company policies have attempted to circumvent or even outright violate this right.
How does the Equal Employment Opportunity Commission (EEOC) contribute to privacy in the workplace?
- 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) and Titles I and V of the Americans with Disabilities Act of 1990 (ADA)
Name the three primary U.S. Anti-Discrimination Laws, and their primary purpose
Civil Rights Act
Bars discrimination due to race, color, religion, sex and national origin
Americans with Disabilities Act (ADA)
Bars discrimination against qualified individuals with disabilities
Genetic Information Nondiscrimination Act (GINA)
Bars discrimination based on individuals’ genetic information
When are background screenings before employment required?
Required for those who work with children, the elderly or disabled individuals. Employers must ensure their screenings are compliant and relevant per the Equal Employment Opportunity Commission.
How does the Fair Credit Reporting Act relate to background screenings before employment?
The FCRA plays a role in regulating how employers perform background checks on a potential employee’s credit, criminal or driving histories.
Are there any concerns with using automated employment decision tools as part of the hiring process?
Yes- using AI to analyze applications raises bias concerns.
What are two permissible purposes to obtain a consumer report for a background check under the FCRA?
Preemployment screening for evaluating candidacy or to determine if an existing employee is qualified for promotion, reassignment or retention.
If an employer requires a consumer report to complete a background check on a potential employee, the FCRA requires the following:
Employers must notify the applicant of the employer’s intention to obtain and use a consumer report,
give the applicant the option to receive a copy of the report,
obtain written consent from the applicant to obtain the report, obtain the report from a qualified credit reporting agency and,
prior to any adverse action, give notice and a copy of the report to the applicant for dispute.
What are the business reasons companies should engage in employee monitoring? What are the reasons not to?
Pros: OSHA compliance to ensure a safe workplace; physical security and cybersecurity; training, quality assurance, security and liability; and improving work quality and keeping employees on task
Cons: monitoring can be an intrusion on the privacy of employees, compliance with complex rules and collective bargaining agreements can be difficult
What are the limits/considerations for employers who monitor employees’ computer usage?
Employers can use social media to inform decisions; however, they must not violate existing antidiscrimination and privacy laws.
Employers should not require prospective or current employees to share access information to private networks as a condition of employment