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Privacy

Privacy. Employment Law. Public Sector Employees vs Private Sector Employees. Public Sector Privacy Act of 1974 Exceptions noted on Pg 640-641 NOT extended to private sector employees Provides insight and guidelines Private Sector LIMITED privacy protections.

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Privacy

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  1. Privacy Employment Law

  2. Public Sector Employees vsPrivate Sector Employees • Public Sector • Privacy Act of 1974 • Exceptions noted on Pg 640-641 • NOT extended to private sector employees • Provides insight and guidelines • Private Sector • LIMITED privacy protections

  3. EPPAEmployee Polygraph Protection Act • EPPA – Federal Law • Scope • Size • Complaint/Violations • WI Fair Employment Law (Wis. Stats. 111.37) • Scope • Size • Complaint/Violations

  4. FCRAFair Credit Reporting Act(Sections 604, 606 & 615 apply to Employment) • Various consumer reports—not just credit report • All must comply regardless of size • Requirements of the employer • Complaints/Violations

  5. Other Background Checking – on your own • Develop policies • Due diligence • Needs based • Other laws (i.e., FERPA) may apply • Criminal history – lawful protections • Arrest v Conviction records

  6. Overall testing legality • Legal • Employment Non-Eligibility Testing • Drugs and Alcohol, Polygraph, HIV • Employment Eligibility Testing • Aptitude tests, achievement tests, personality and honesty testing, physical ability

  7. Ineligibility Testing:DRUG TESTING • Some industries/jobs are mandated by law to be tested (i.e., transportation employers) • Federal Drug Free Workplace Act doesn’t apply to private employers • Used as guidance though • Pre-employment v Post-employment • Policies • Considerations

  8. Maintaining Records and PrivacyApplication materials(Those not hired) • Develop a policy to hold secure • Title VII, ADA, ADEA, EPPA • Generally- 1 year from date of action • EPPA • When allowed: results for 3 years • Any medical related • HIPPA , ADA, FMLA • Separate from all other

  9. Disposal of Reports • Must have a policy of destruction • Due diligence • Protect privacy of individuals

  10. Monitoring Employees in the Workplace • Computer, voicemail, telephone conversations** • Video Monitoring • Legitimate expectation of privacy • Intrusion into seclusion

  11. Key to Avoiding Litigation • Business _________________ • Policies • ________________ the policies • ________________ policies consistently • ________________ policies

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