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Privacy Rights Issues in the Workplace
Students will learn:
- What the U.S. Constitution (1st, 4th ,5th and 14th Amendments) says about privacy, how the courts interpreted it and how it affects the workplace?
- What is meant by “Invasion of privacy “and what are the balancing tests and exceptions courts use to determine if the following concepts were violated?
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- “Reasonable expectation of privacy.”
- “Intrusion into seclusion.”
- “Unreasonable publicity” of one’s private life.
- False light/defamation
- Remedies and employer defenses for “invasion of Privacy” claims
- How and why employer obligations differ in the private and public sectors.
- Federal v State privacy law differences
- Different types of Invasions of Privacy claims
- Searches
- Political speech and privacy
- Monitoring and Surveillance
- “Employment at will” versus privacy
- Employer investigations and employee privacy rights
- Statutory Privacy Rights
- Biometric developments
Overview of the webinar
Do you know what an employee’s and employer’s privacy rights are? And if they claim such rights exist under the U.S. or a State constitution, statute or the common law if they are right or how you will respond? Can you identify if any policies, practices or actions create an unreasonable “intrusion into seclusion” or places someone in a “false light” in the public eye (defamation)? Are you inadvertently appropriating someone’s name or likeness without their consent? And what about monitoring, surveilling, or searching employees without violating their privacy rights? And if you do it wrong, are you prepared to face the consequences of actual, compensatory, or punitive damages and damage to your own professional reputation and standing within your work community? This webinar has been developed to answer all these questions and more by exploring the foundations, current state, and possible future changes of privacy in the workplace.
Who should attend?
- Managers
- Supervisors
- Executives
- All Levels of both in-house and outside counsel
- All levels of Union representation and officers
- Business Representatives
- Business Managers
- Presidents
- Officers
- Board Members
- Human Resources and specifically labor Relations
- All levels of security personnel/staff or anyone who participates in conducting an investigation
Why should you attend?
Most employees insist they have privacy rights, especially at the workplace. But few know what those rights are. Likewise, not every employer or manager know what the employer’s privacy rights are or what their obligations are when it comes to respecting an employee’s privacy rights and what the penalties are for not doing so. And that was in a pre-Covid-19 world!
If you, do not know what an employee and employer’s privacy rights are and do it wrong, are you prepared to face the consequences of actual, compensatory, or punitive damages and damage to your own professional reputation and standing within your work community? And what about COVID-19 or the next pandemic? Or how biometric issues should be handled? For the foreseeable future the workplace will be raising issues about an employee’s privacy rights to refuse to wear Personal Protective Equipment (PPE), be tested, vaccinated or contact traced both at work or in their personal life. Such privacy issues are inevitable since COVID-19 and the very nature of any pandemic is its highly communicable nature and effects on not just the employee but others as well. So, if fortune favors the prepared than this webinar will help you to be ready by guiding you through this maze of privacy rights by exploring the foundations.
Faculty - Mr.Bob Oberstein
Bob Oberstein has over 51 years of Labor/Employee Relations experience on all sides of the labor-management table including as a neutral (arbitrator, mediator) in both the public and private sectors. He has served as a Commissioner, Maricopa County's Judicial Merit System Review Commission; Member, City of Phoenix Fire and Police Pension Boards; and Member/Chairman, City of Phoenix Civil Service Board. He is also the recipient of the Federal Mediation and Conciliation Service (FMCS) Director's Certificate of Recognition for Achievement in Promoting Positive Labor-Management Relations. Bob has served as Director, of the Labor Management Relations Program at Ottawa University, Phoenix (OU), Arizona where he taught conflict resolution, grievance processing, arbitration, and negotiation among other courses. He also served OU as Ombudsman for all student, faculty, and support disputes as well as the Disabled Student Liaison and received recognition in "Who's Who Among America's Teachers.