Employment Privacy Flashcards

Which federal law requires employers to keep I-9 employment eligibility verification forms and prohibits using them for discriminatory purposes?

Answer: Immigration Reform and Control Act (IRCA)

IRCA requires employers to verify employment eligibility via I-9 forms and prohibits discriminatory use of this verification process.

Under the ADA, when may an employer require an employee to undergo a medical examination?

Answer: Only when job-related and consistent with business necessity

ADA restricts post-hire medical examinations to situations where they are job-related and consistent with business necessity, such as when an employee's ability to perform job functions is in question.

Which privacy concern arises when employers use social media screening of job applicants?

Answer: Exposure to legally protected characteristics not visible during the interview process

Social media profiles often reveal protected characteristics like religion, race, age, or disability, creating potential discrimination liability if this information influences hiring decisions.

What is a key requirement under the FCRA when an employer uses a third-party vendor to conduct social media background screening?

Answer: The vendor's report is a consumer report subject to FCRA, requiring disclosure and authorization

When third-party vendors compile social media information into reports for employers, those reports are consumer reports under FCRA, triggering full FCRA obligations.

Under GINA (Genetic Information Nondiscrimination Act), employers are prohibited from:

Answer: Using genetic information in employment decisions and requiring or requesting genetic information

GINA prohibits employers from using genetic information in hiring, firing, or any employment decisions and from requesting or requiring employees to provide genetic information.

What must an employer's acceptable use policy for workplace technology typically address to protect against employee privacy claims?

Answer: Notice that monitoring may occur and there is no expectation of privacy on employer systems

Clearly communicating that there is no expectation of privacy on employer systems reduces employee privacy claims and establishes the employer's right to monitor.