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Published byAngelica Black Modified over 9 years ago
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EMPLOYMENT LAW Privacy
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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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EPPA Employee Polygraph Protection Act EPPA – Federal Law Scope Size Complaint/Violations WI Fair Employment Law (Wis. Stats. 111.37) Scope Size Complaint/Violations
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FCRA Fair 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
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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
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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
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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
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Maintaining Records and Privacy Application 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
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Disposal of Reports Must have a policy of destruction Due diligence Protect privacy of individuals
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Computer, voicemail, telephone conversations** Video Monitoring Legitimate expectation of privacy Intrusion into seclusion Monitoring Employees in the Workplace
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Key to Avoiding Litigation Business _________________ Policies ________________ the policies ________________ policies consistently ________________ policies
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