Know the extent—and limits—of individual rights and employer authority in this litigious area of workplace law
Main Volume Information
Privacy in Employment Law, Third Edition with 2011 Cumulative Supplement is the premier guide to employee/employer rights and the limits of employer authority in securing information about applicants and employees, disclosing such information, and controlling activities in the U.S. workplace. This exceptional treatise will serve as a dependable reference on the law of privacy as addressed fragmentally in statutes and court decisions. The author has meticulously assembled the citations, definitions, practical examples, and guidance you need to assess present legislation and judicial thinking on key issues in employment privacy. Privacy in Employment Law provides lists of relevant state laws addressing topics relating to workplace privacy, including drug testing, access to personnel files, lie detection, electronic monitoring, and more, in addition to offering text of selected foreign statutes and the European Union (EU) directive on privacy law.
The Third Edition covers the following:
- Increased regulation of medical certification for FMLA leave—what doctors should supply and who can approach them for medical information about employees
- New state laws limiting credit checks for job applicants by “job relatedness”
- New Jersey appellate court’s limiting of employer policies governing e-mail inspection to a standard of reasonableness
- Developments under laws allowing conscientious objection to specific work assignments
- Efforts to expand biometric monitoring and restrictive RFID implantation
- Protections for victims of domestic violence
- More on references and defamation
Supplement Information
The 2011 Cumulative Supplement further discusses:
- Continuing disagreement among the courts on whether a reasonable expectation of privacy can be completely dispelled by an employer’s announced policy
- The judicial shift toward greater recognition that computer access does not become “unauthorized” under the Computer Fraud and Abuse Act (CFAA) when done for disloyal purposes
- New decisions from the federal courts on the allowability of “fitness for duty” medical examinations and the scope of the disclosure of medical information
- New laws on the use of criminal background checks and the conspicuousness of notice required to conduct one under federal law (with cases from Illinois, Maryland, Massachusetts, and Oregon)
- The scope of protection vel non for close personal association, broadened by the U.S. Supreme Court in Thompson v. North American Stainless under Title VII, but rejected for other purposes by other courts
- New protection of “gender identification” in Connecticut and Nevada
- The allowable scope for employee use of confidential information addressed by the Supreme Court of New Jersey
- New law on biometric controls in Texas
- Clarification on what constitutes an “interception” of an employee’s electronic communication by the Seventh Circuit
- Role of the National Labor Relations Act in the monitoring of employee speech via social media
Main Volume Information
2009/1,162 pp. Hardcover/Order #9952
Supplement Information
2011/267 pp. Softcover/ISBN 9781570189524/Order #1952