Privacy- powerpoint

MGT 334 Employment & Labor Law

Instructor: Dawn D. Brackmann

Topic: Privacy

Overview of Privacy

  • Privacy in the context of law involves:

    • Appropriating the plaintiff’s identity for the defendant’s benefit.

    • Placing the plaintiff in a false light in the public eye.

    • Publicly disclosing private facts about the plaintiff.

    • Unreasonably intruding upon the seclusion or solitude of the plaintiff.

Privacy Rights in Employment

  • A delicate balance exists:

    • Employer's legitimate need for intrusion.

    • Employee's legitimate expectation of privacy.

Privacy Rights in Employment Context

Public Employees

  • Rights protected under the:

    • Fourth Amendment: Protects against unreasonable searches and seizures.

    • Fourteenth Amendment: Ensures due process rights.

Private Employees

  • Various concerns regarding privacy rights:

    • Surveillance and Eavesdropping.

    • Technology usage:

    • Computers

    • The Internet

    • Medical Information and Genetic Information Nondiscrimination Act (GINA).

    • Background Checks and Criminal Records.

    • Off-Duty Conduct.

    • Access to Personnel Files.

Surveillance and Eavesdropping

  • Surveillance:

    • Monitoring of behavior in the workplace.

    • Videotaping activities within employment settings.

  • Eavesdropping:

    • Listening to private conversations of employees without consent.

    • Legal frameworks surrounding monitoring employee behavior depend on jurisdiction and specific laws governing privacy in the workplace.

Technology in Monitoring Employees

  • Options for Monitoring Include:

    • Computer usage

    • Email policies

    • Bring Your Own Device (BYOD) policies

    • Legal implications of monitoring personal technology used for work.

Medical Information

  • Regulated by:

    • Health Insurance Portability and Accountability Act (HIPAA)

    • Protected Health Information (PHI)

    • Americans with Disabilities Act (ADA)

  • GENA Overview:

    • Enacted to prevent discrimination based on genetic information.

    • Effective date: November 21, 2009.

Background Checks

  • Key Focus Areas:

    • Reference Checking

    • Negligent Hiring

    • Background Screening Policies.

  • Legal Considerations:

    • Requirements for conducting background checks must comply with local, state, and federal laws.

Criminal Records

  • Legal Framework:

    • Federal Equal Employment Opportunity (EEO) laws do not explicitly prohibit employment discrimination based on criminal records.

    • Refusing to hire applicants because of their arrest records may violate Title VII of the Civil Rights Act of 1964.

    • Employers may be required to consider such records based on position requirements.

Discussion on Employment Practices:

  • Ban the Box Initiative:

    • Discussions surrounding the practice of removing questions about criminal history from job applications to reduce employment discrimination.

Off-Duty Conduct

  • Protection Under State Laws:

    • Employees in many states are protected from employment discrimination for lawful off-duty conduct.

    • This initially aimed to protect tobacco users; questions are emerging regarding medical marijuana use and social media presence.

Employee Personnel Files

  • Regulated by:

    • Michigan’s Bullard-Plawecki Employee Right to Know Act (Act 397 of 1978).

Components of Employee Personnel Files:

  • New Hire Paperwork May Include:

    • Applications and Resumes

    • References

    • Background Checks

    • Employment Contracts

    • New Hire Reporting

    • Work Authorization

    • Employee Handbook Receipt

    • Tax Forms

    • Pay Information

    • Benefit Forms

    • Work Permits

    • Licenses and Certifications

Types of Employee Files

  • Official Personnel File:

    • Contains hiring documents, basic employee information, enrollments, leave of absence records, performance evaluations, and disciplinary action.

  • Unofficial “Supervisor” File:

    • Might include reference checking, investigation documentation, and notes on performance and discipline.

Conclusion

  • Understanding privacy rights in employment law is crucial for navigating the legal landscape regarding employee monitoring, medical information, and personnel file management.

  • Compliance with applicable laws is essential for both employers and employees.