No organized law for employment privacy US Federal and State laws: - impact and protect privacyy - prohibit discrimination - regulate workplace practices

Bars discrimination due to - race, - color, - religion, - sex - national origin

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

- personality and psychological testing - polygraph testing - substance use testing

Module #13 Workplace Privacy Flashcards by Ellie Prince

Workplace Privacy

No organized law for employment privacy US

Federal and State laws:

impact and protect privacyy
prohibit discrimination
regulate workplace practices

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Different Workplace Privacy laws

state laws in california

US laws

-ADA (Americans with Disability Act)
-The Pregnancy Protection Act
-Retired Income Security Act

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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

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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

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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

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Department of Labor (DoL):

Occupational Safety and Health Act (OSHA):

Requires employers to provide a safe workplace

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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

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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)

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purpose of

antidiscrimination laws

- prohibit discrimination in hiring and other employment decisions.
-how interviews and background screening activities are conducted

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HR antidiscrimination laws

protect employees from discrimination due to
> wage disparity
> pregnancy and child birth, 
> age, 
>bankruptcy

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Civil Rights Act

Bars discrimination due to

race,
color,
religion,
sex
national origin

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Americans with Disabilities Act

Bars discrimination against qualified individuals with disabilities

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Genetic Information Nondiscrimination Act

Bars discrimination based on individuals’ genetic information

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Employment Lifecycle

3 stage:
before
after
during

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Employment lifecycle:

Before

Background screening
EEOC and FCRA
Anti-discrimination and ADA

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Employment lifecycle:

During

polygraphs and psychological testing
substance testing
monitoring

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Employment lifecycle:

After

terminating access to physical and informational access

- HR practice post-employment

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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

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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

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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

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Before employment

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personality and psychological testing
polygraph testing
substance use testing

Before employment

Personality and psychological testing

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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

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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

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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

Module #13 Workplace Privacy Flashcards

(51 cards)