Employment Privacy Flashcards

Under the ADA, what type of employee medical information must employers keep in confidential files separate from general personnel files?

Answer: All medical information obtained through employment-related examinations or inquiries

The ADA requires all medical information obtained through employment-related medical examinations or inquiries to be kept in separate, confidential files.

Which federal law governs employer use of consumer reports, including background checks, for employment purposes?

Answer: Fair Credit Reporting Act (FCRA)

The FCRA regulates how employers obtain and use consumer reports (including background checks) from consumer reporting agencies for employment purposes.

What FCRA requirement must employers fulfill BEFORE taking adverse action based on a background check report?

Answer: Provide the applicant with a copy of the report and a pre-adverse action notice

FCRA requires employers to provide applicants with a copy of the consumer report and a pre-adverse action notice giving them opportunity to dispute inaccuracies before taking adverse action.

Which law prohibits most private employers from using lie detector tests for pre-employment screening?

Answer: Employee Polygraph Protection Act (EPPA)

The EPPA prohibits most private employers from using polygraph tests for pre-employment screening or during employment, with narrow exceptions for certain industries.

Under the NLRA, employees have a right to discuss their wages with coworkers. Employer policies restricting such discussions are generally:

Answer: Unlawful as they interfere with Section 7 rights to concerted activity

The NLRA's Section 7 protects employees' rights to discuss wages and working conditions; policies prohibiting such discussions are generally unlawful.

What is the primary privacy concern with employer monitoring of employee personal devices used for work (BYOD)?

Answer: Blurring of personal and work data, creating risk of accessing employees' personal information

BYOD programs create a risk that employer monitoring tools may access personal data commingled with work data, raising significant privacy concerns.