In the last several years, issues such as cybersabotage (hacking), espionage, stalking, infringement, cyber harassment, discovery requests for electronically stored data, identity theft and surreptitious photographic equipment (picture phones) have begun to confound businesses. Protecting companies against egregious electronic abuses by outsiders and employees has become one of the human resources professionals job responsibilities. Common threat sources to technology systems include natural threats (e.g., floods, earthquakes, electrical storms), human threats (unintentional acts or deliberate actions), and environmental threats (power failures, chemicals, liquid leaking). In addition, companies' policies and procedures necessarily need to change with times. This presentation is intended to red flag potential problem areas, help you prevent liability and deal with problems after they arise.
- Electronic background checking
- What can a company do to protect its e-mail system and its employees from e-mail harassment?
- What HR and companies must do to avoid HR-related security breaches and to reduce liability resulting from lapses in security
- Privacy issues
- Picture phones and cameras
- The attendee will be able to discuss employer policies regarding e-mail and the Internet.
- The attendee will be able to identify challenges with the retention of electronic documents.
- The attendee will be able to review the benefits and risks of electronic recruiting.
8:30 a.m. - 12:00 p.m. (Break 10:00 a.m. - 10:10 a.m.)
I. Internet Applications And Resumes; The Benefits And Risks Of Electronic Recruiting
B. Traditional Responses To Application Discrimination Claims
C. Internet Recruiting
D. What A Plaintiff Must Prove
E. Beware Of Recruitment And Application Forms From Out Of State
F. Proposed EEO Recordkeeping Guidelines Require Employers To Track Some Internet Applications And Require Records Of Such Applications Be Maintained
G. Retention Of Recruitment/Application Records
II. Electronic Background Checking
B. Why Conduct Criminal Background Checks?
C. Federal And State Law Concerning Inquires Into Criminal History
III. Employer Policies: E-Mail And The Internet
D. Voice Mail
E. Cell Phones
F. TBG Insurance Services Corporation v. Superior Court Of Los Angeles (2002)
96 Cal.App.4th 443
IV. What Can A Company Do To Protect Its E-Mail System And Its Employees From E-Mail
B. Intel Corporation v. Hamidi (2003) 30 Cal.4th 1342
V. What HR And Companies Must Do To Avoid HR-Related Security Breaches And To Reduce
Liability Resulting From Lapses In Security
A. Isolate Electronic Personnel Files From The Internet And Intranet-Accessible Computer Networks
B. Computer Database Security Measures
C. Beware Of The Downloading Employee
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 4:30 p.m. (Break 3:00 p.m. - 3:10 p.m.)
VI. Protect Yourself From Liability For Employee Misuse Of Computer, Internet And E-Mail Systems
A. The Danger
B. Proper Policies Can Significantly Reduce Employer Liability
C. Computer Use And Internet Policies Must Also Be Enforced
VII. Challenges With The Retention Of Electronic Documents
A. Statutory Retention Requirements
VIII. Privacy Issues
B. Specific Protections. 'Privacy Zone' Monitoring
C. 'Open Workspace' Monitoring
D. Privacy Trumps Limitations In Collective Bargaining Agreements
E. Other Privacy Rights
F. Written Policies Afford Protection And Defeat Employee Expectations Of Privacy
IX. Picture Phones And Cameras
A. Why The Concern?
B. Banning Picture Phones In The Workplace
X. Who's Minding The Electronic Store?
A. Corporate Risk Management Team
B. Legal Advice
C. MIS Department/Technical Support Personnel
D. Human Resources