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
