Workplace Privacy ACts

Note: Employee privacy is protected by several federal agencies including the U.S Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and the National Labor Relations Board (NLRB)

The Consolidated Omnibus Budget Reconciliation Act (COBRA)

• Requires qualified health plans to provide continuous coverage after termination to certain

beneficiaries

The Employee Retirement Income Security Act (ERISA)

• Ensures that employee benefit programs are created fairly and administered properly

The Family and Medical Leave Act (FMLA)

• Entitles certain employees to unpaid leave in the event of birth or illness of self or a family

member

The Fair Labors Standards Act (FLSA)

• Establishes minimum wage and sets standards for fair pay

The Occupational Safety and Health Act (OSHA)

• Regulates workplace safety

The Whistleblower Protection Act

• Protects federal employees and applicants for employment who claim to have been subjected to

personnel actions because of whistleblowing activities

The National Labor Relations Act (NLRA)

• Sets standards for collective bargaining, which also applies in social media communications

The Immigration Reform and Control Act (ICRA)

• Requires employment eligibility verification

The Americans with Disabilities Act (ADA)

• Forbids employers with 15 or more employees from discriminating against a qualified individual

with a disability because of the disability of such individual

• Before an offer of an employment is made, the ADA permits such examinations and medical

inquiries only where job related and consistent with business necessity

• A company may require a medical examination after the offer of employment has been made

and may condition the offer on the results of such an exam. The exam is permitted if:

o All entering employees are subjected to the exam

o Confidentiality rules are followed for the results of the exam

o The results are only in accordance with the statutory prohibitions against discrimination

on the basis of disability

• Employer must provide reasonable accommodations during employment but employers are not

permitted to ask about accommodations before a conditional offer is made

• The ADA Amendments Act (ADAAA) significantly expanded the scope of conditions that are

mitigated, in remission or episodic if they would substantially limit a major life activity of an

employee when active or absent mitigation.