Employment Privacy Flashcards

Which type of employee data is most commonly regulated by state biometric privacy laws like Illinois BIPA?

Answer: Fingerprint scans used for timekeeping or access control

State biometric laws like Illinois BIPA primarily target workplace biometric data collection such as fingerprint timekeeping and facial recognition access systems.

Under ECPA (Electronic Communications Privacy Act), employer monitoring of employee email on company systems is generally:

Answer: Permissible under the business extension exception when done in the ordinary course of business

ECPA's business extension exception allows employers to monitor electronic communications on company systems in the ordinary course of business without employee consent.

What is the key distinction between employee monitoring laws in California versus federal law?

Answer: California requires prior notice to employees before monitoring electronic communications

California Labor Code Section 980 and related laws require employers to provide notice of electronic monitoring, going beyond federal law's business extension exception.

What federal law generally applies to privacy of employee medical information obtained through employer wellness programs?

Answer: ADA and GINA apply; HIPAA applies only if the plan is a group health plan

ADA limits employer use of medical information from wellness programs; GINA restricts genetic information; HIPAA applies if the employer's group health plan is involved.

Under the Privacy Act of 1974, federal agency employees have the right to:

Answer: Access and correct their records held in agency systems of records

The Privacy Act gives federal employees the right to access and request correction of records about themselves maintained in federal agency systems of records.

What is 'ban the box' legislation designed to protect in the employment context?

Answer: Job applicants from having to disclose criminal history on initial applications

Ban the box laws prohibit employers from asking about criminal history on job applications, delaying that inquiry until later in the hiring process.