1. EMPLOYMENT LAW Privacy

2. Public Sector Employees vs Private Sector Employees Public Sector  Privacy Act of 1974  Exceptions noted on Pg 640-641  NOT extended to private sector employees Provides insight and guidelines Private Sector  LIMITED privacy protections

3. EPPA Employee Polygraph Protection Act EPPA – Federal Law  Scope  Size  Complaint/Violations WI Fair Employment Law (Wis. Stats. 111.37)  Scope  Size  Complaint/Violations

4. FCRA Fair Credit Reporting Act (Sections 604, 606 & 615 apply to Employment) Various consumer reports—not just credit report All must comply regardless of size Requirements of the employer Complaints/Violations

5. Other Background Checking – on your own Develop policies Due diligence Needs based  Other laws (i.e., FERPA) may apply Criminal history – lawful protections  Arrest v Conviction records

6. Overall testing legality Legal Employment Non-Eligibility Testing  Drugs and Alcohol, Polygraph, HIV Employment Eligibility Testing  Aptitude tests, achievement tests, personality and honesty testing, physical ability

7. Ineligibility Testing: DRUG TESTING Some industries/jobs are mandated by law to be tested (i.e., transportation employers) Federal Drug Free Workplace Act doesn’t apply to private employers  Used as guidance though Pre-employment v Post-employment  Policies  Considerations

8. Maintaining Records and Privacy Application materials ( Those not hired) Develop a policy to hold secure Title VII, ADA, ADEA, EPPA  Generally- 1 year from date of action EPPA  When allowed: results for 3 years Any medical related  HIPPA, ADA, FMLA  Separate from all other

9. Disposal of Reports Must have a policy of destruction  Due diligence  Protect privacy of individuals

10. Computer, voicemail, telephone conversations** Video Monitoring  Legitimate expectation of privacy  Intrusion into seclusion Monitoring Employees in the Workplace

11. Key to Avoiding Litigation Business _________________ Policies ________________ the policies ________________ policies consistently ________________ policies