IV. Workplace Privacy
A. Overview of Workplace Privacy Workplace privacy concepts, U.S. agencies regulating workplace privacy issues, U.S. anti-discrimination laws
a. Workplace privacy concepts
i. Human resources management
b. U.S. agencies regulating workplace privacy issues
i. Federal Trade Commission (FTC)
ii. Department of Labor
iii. Equal Employment Opportunity Commission (EEOC)
c. U.S. Anti-discrimination laws
i. Civil Rights Act of 1964
ii. Americans with Disabilities Act (ADA)
iii. Genetic Information Nondiscrimination Act (GINA)
B. Privacy Before, During and After Employment Employee background screening, employee monitoring, investigation of employee misconduct, termination of employment relationship, working with third parties
a. Employee background screening
i. Requirements under FCRA
ii. Methods
1. Personality and psychological evaluations
2. Polygraph testing
3. Drug and alcohol testing
4. Social media
b. Employee monitoring
i. Technologies
1. Computer usage (including social media)
2. Biometrics
3. Location-based services (LBS)
4. Wellness Programs
5. Mobile computing
6. E-mail and postal mail
7. Photography
8. Telephony
9. Video
ii. Requirements under the Electronic Communications Act of 1986 (ECPA)
iii. Unionized worker issues concerning monitoring in the U.S. workplace
c. Investigation of employee misconduct
i. Data handling in misconduct investigations
ii. Use of third parties in investigations
iii. Documenting performance problems
iv. Balancing rights of multiple individuals in a single situation
d. Termination of the employment relationship
i. Transition management
ii. Records retention
iii. References