Archives: Workplace Privacy

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French Data Protection Authority Reveals 2015 Inspection Program

On May 25, 2015, the French Data Protection Authority released its long-awaited annual inspection program for 2015, announcing that a target of 550 inspections was set for 2015, including 350 on-site inspections, document reviews or hearings and 200 online inspections. This blog entry provides a summary of the program.… Continue Reading

NLRB Reverses Register Guard; Grants Workers Right to Use Employer Email System for Section 7 Purposes

As reported in the Hunton Employment and Labor Perspectives Blog, in Purple Communications, Inc., a divided National Labor Relations Board held that employees have the right to use their employers' email systems for statutorily protected communications, including self-organization and other terms and conditions of employment, during non-working time.… Continue Reading

Illinois Becomes the Latest State to “Ban the Box”

As reported in the Hunton Employment and Labor Perspectives Blog, Illinois recently joined a growing number of states and municipalities that have passed “ban the box” laws regulating when employers can inquire into an applicant’s criminal history. The new law goes into effect January 1, 2015.… Continue Reading

EEOC Suffers Another Loss in Its Crusade Against Employer Background Checks

As reported in the Hunton Employment & Labor Perspectives Blog, on April 9, 2014, the Sixth Circuit of Appeals affirmed a summary judgment against the Equal Employment Opportunity Commission and chastised the Commission for applying a flawed methodology in its attempts to prove that using credit checks as a pre-employment screen had an unlawful disparate impact on African-American applicants.… Continue Reading

Banning the Criminal Background Check Box in San Francisco

As reported in the Hunton Employment and Labor Perspectives Blog, on February 14, 2014, San Francisco passed the San Francisco Fair Chance Ordinance and became the latest national municipality to "ban the box" and limit the use of criminal background checks in employment hiring decisions.… Continue Reading

EEOC and FTC Issue Joint Guidance on Background Checks

As reported in the Hunton Employment and Labor Perspectives Blog, on March 10, 2014, the Federal Trade Commission and the Equal Employment Opportunity Commission issued joint guidance regarding the use of background checks in the employment context.… Continue Reading

State “Ban the Box” Legislation Gains Momentum

As reported in the Hunton Employment and Labor Perspectives Blog, new legislation in North Carolina and Minnesota illustrates the recent trend of states implementing laws to prohibit employers from requesting information about job applicants’ criminal histories.… Continue Reading

Supreme Court of Canada Declares Alberta PIPA Invalid

On November 15, 2013, the Supreme Court of Canada declared the Alberta Personal Information Protection Act invalid because the legislation interfered with the right to freedom of expression in the labor context under Section 2(b) of the Canadian Charter of Rights and Freedoms.… Continue Reading

Background Check Companies Settle FCRA Allegations

On November 13, 2013, two companies that provide consumer background reports to third parties, including criminal record checks, agreed to an 18.6 million dollar settlement stemming from allegations that they violated the Fair Credit Reporting Act when providing these reports to prospective employers. … Continue Reading

Texas AG Argues EEOC Guidance on Criminal Background Checks Violates State Sovereignty

As reported in the Hunton Employment and Labor Perspectives Blog, on November 4, 2013, Texas Attorney General Greg Abbott sought injunctive and declaratory relief against the Equal Employment Opportunity Commission on the grounds that the agency's April 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions "purports to preempt the State's sovereign power to enact and abide by state-law hiring practices." … Continue Reading

HHS Settles with Shasta Regional Medical Center

On June 13, 2013, the Department of Health and Human Services announced a resolution agreement and 275,000 dollar settlement with Shasta Regional Medical Center in connection with impermissible disclosures of protected health information to the media, as well as to Shasta’s entire workforce.… Continue Reading

The Consideration of Arrest and Conviction Records in Employment Decisions: A Critique of the EEOC Guidance

As reported in the Hunton Employment and Labor Perspectives Blog, an article by Hunton and Williams partners Terry Connor and Kevin White on the EEOC’s April 2012 Guidance recently was published in the Seton Hall University Law Review. The Guidance interprets Title VII to impose disparate impact liability on employers who use criminal background checks in the hiring process.… Continue Reading

UK ICO Issues Guidance on BYOD for Organizations

On March 7, 2013, the UK Information Commissioner’s Office published guidance related to “Bring Your Own Device” programs. The guidance outlines the data protection risks associated with the increasing prevalence of BYOD and provides recommendations to data controllers regarding how to minimize such risks. … Continue Reading
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