Price: $470.00 Main Volume
Meet The Author
Know the extent—and limits—of individual rights and employer authority in this litigious area of workplace law
Privacy in Employment Law offers clear guidance on the limits of employer authority in securing information about applicants and employees, disclosing such information, and controlling activities in the U.S. workplace. Its comprehensive coverage includes lists of state laws relevant to workplace privacy, including drug testing, access to personnel files, lie detection, electronic monitoring, and more, as well as selected foreign statutes and the European Union (EU) directive on privacy law.
Representative topics examined in the Fifth Edition include:
the confidentiality of medical records under the ADA, and of medical certifications under the FMLA
how employee drug-testing policies are impacted by medical marijuana use and marijuana de-criminalization
the lawfulness of inquiry into applicant pay history
acquisition and use of biometric data
access to and use of employee social media
interception of electronic communications
In addition, the Fifth Edition explores timely issues such as the lawfulness of requiring an employee to submit to psychiatric assessment; standing to contest a lack of procedural conformity to the Fair Credit Reporting Act; the reach of the Computer Fraud and Abuse Act to an employee’s breach of fiduciary duties; a change in the National Labor Relations Board’s approach to the prohibition on an employer’s possession and use of cell recording; obesity as a category of employment protection; the impact of an employee’s refusal of employer orders on the grounds of conscientious objection; the retransmission of defamatory statements by electronic means; and more.
SUMMARY OF CONTENTS
Part I. An Analysis of Privacy in the Employment Relationship
Medical Screening and Testing
Drug, Alcohol, and Tobacco Screening and Testing
Psychological Screening and Testing
Interviews and Background Investigation
Monitoring Employee Performance and Conduct
Control of Employees
Part II. Statutory and Regulatory References
Drug and Alcohol Testing
Use of Tobacco, Alcohol, or Lawful Products Outside the Workplace
Access to Personnel Records
Job Reference Immunity
Social Security Numbers
Electronic Monitoring and Surveillance
Part III. Comparative Law
Table of Cases
"The law of privacy in the workplace is governed by an often confusing array of statutory provisions and court decisions. This work provides a coherent overview of these disparate sources of law.”
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