Topics to be discussed:
- Learn about recently enacted laws that expand protection for personal information.
- Learn the various sources from which employees may derive legal protection of their personal information.
- Learn to identify workplace situations in which an employee's right to privacy is implicated.
- Learn how to conduct workplace investigations to minimize the employer's exposure to invasion of privacy claims.
- Learn how to develop and implement workplace policies to minimize the employer's exposure to invasion of privacy claims.
8:30 a.m. - 9:00 a.m.
I. Sources Of The Right To Privacy
A. California Constitution
C. Common Law Right To Privacy
9:00 a.m. - 10:20 a.m.
II. Investigation Of Job Applicants
A. Background And Reference Checks
B. Investigative Consumer Reports
C. The Job Interview
D. Pre-Employment Testing
1. Drug Testing
2. Polygraphs And Fingerprints
3. Personality/Character/ 'Honesty' Tests
4. Physical Examinations
E. The Law Of Negligent Hiring
10:20 a.m. - 10:30 a.m.
10:30 a.m. - 12:00 p.m.
III. Investigation Of Current
A. Investigation Of Sexual Harassment Complaints
B. The Use Of Polygraphs And Other Tests In Investigating Employee Misconduct
C. Workplace Searches
D. Searches Of Electronic Information Systems, e.g., E-Mail And Personal Computers
E. Drug And Alcohol Testing
G. Surveillance Of Employee Behavior
2. Video Cameras
3. Private Investigators
4. 'Shopping' Investigators
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:15 p.m.
IV. Employer's Obligation To Maintain
Confidentiality Of Personnel
A. Statutory Basis
1. Confidentiality Of Medical Records
2. Instances Of Required Or Permitted Disclosure
3. Employee's Right To Privacy In Personnel Records
4. Social Security Numbers
B. Common Law Liability For Improper Disclosure
2. Invasion Of Privacy Claims
3. Potential Impact On Employee's Employability
2:15 p.m. - 2:45 p.m.
V. Right To Privacy In Personal
A. Marital And Other Personal Relationships
B. Political Affiliations
C. Sexual Orientation/Preference
D. Off-Duty Conduct
2:45 p.m. - 2:55 p.m.
2:55 p.m. - 4:15 p.m.
VI. Recommended Employer Policies
And Practices Designed To Avoid
Invasion Of Privacy Claims
A. Alcohol And Drug Testing Policies
B. Policies Concerning Use Of E-Mail, Voice Mail And Personal Computers In The Workplace
1. The Electronic Communications Privacy Act
C. Non-Disclosure Agreements For Protecting Employer Trade Secrets
D. Non-Competition Agreements
E. Policies Prohibiting Solicitation Of Customers Or Employees
F. Unfair Competition
G. Employee Inventions
H. Basic Guidelines For Developing And Implementing Policies That May Implicate Employee Privacy Rights
4:15 p.m. - 4:30 p.m.
VII. Newly Enacted Privacy Laws