employment law privacy. public sector employees vs private sector employees public sector privacy...

EMPLOYMENT LAW

Privacy

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 guidelinesPrivate Sector

LIMITED privacy protections

EPPAEmployee Polygraph Protection Act

EPPA – Federal Law Scope Size Complaint/Violations

WI Fair Employment Law (Wis. Stats. 111.37) Scope Size Complaint/Violations

FCRAFair Credit Reporting Act

(Sections 604, 606 & 615 apply to Employment)

Various consumer reports—not just credit reportAll must comply regardless of sizeRequirements of the employerComplaints/Violations

Other Background Checking – on your own

Develop policiesDue diligenceNeeds based

Other laws (i.e., FERPA) may applyCriminal history – lawful protections

Arrest v Conviction records

Overall testing legalityLegalEmployment Non-Eligibility Testing

Drugs and Alcohol, Polygraph, HIVEmployment Eligibility Testing

Aptitude tests, achievement tests, personality and honesty testing, physical ability

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

Maintaining Records and PrivacyApplication materials

(Those not hired)

Develop a policy to hold secureTitle VII, ADA, ADEA, EPPA

Generally- 1 year from date of actionEPPA

When allowed: results for 3 yearsAny medical related

HIPPA , ADA, FMLA Separate from all other

Disposal of Reports

Must have a policy of destruction Due diligence Protect privacy of individuals

Computer, voicemail, telephone conversations**

Video Monitoring Legitimate expectation of privacy Intrusion into seclusion

Monitoring Employees in the Workplace

Key to Avoiding Litigation

Business _________________Policies________________ the policies________________ policies consistently________________ policies