Baltimore, MD has joined the growing list of cities and states around the country implementing “ban the box” legislation. “Ban the box” legislation restricts inquiries regarding an applicant’s criminal history on applications for employment and during job interviews. The EEOC recommends “banning the box” believing the use of conviction records excludes applicants and can disparately
Florida Social Media Bill Dies In Committee
As we previously reported, the Florida legislature was considering joining numerous other states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts.
Senate Bill SB198, which was entitled “An Act Relating to Social Media Privacy,” has died in committee. As such, Florida will not be
Fulbright’s Litigation Survey Addresses Privacy in the Age of Social Media and Mobile Devices
Norton Rose Fulbright recently released the results of their 9th annual litigation trends survey. The Fulbright survey reflects information collected from 392 in-house attorneys; including 82% identifying themselves as general counsel and 14% as head of litigation. Additionally, the companies responding to the survey represent virtually all industries, include entities of all sizes, and
EEOC Meeting: Social Media Discovery Chills The Exercising of Rights
The United States Equal Employment Opportunity Commission (EEOC) recently held a meeting to gather information about the growing use of social media and how it impacts the laws the EEOC enforces.
During the meeting, a panel representative from the Society for Human Resource Management (SHRM) explained that employers use different types of social media for
Interception Does Not Include Access to E-Mail Account
The United States District Court for the Middle District of Alabama recently held in Bruce v. McDonald that the “mere access” of an e-mail account and subsequent printing/possession of e-mails from the same account did not constitute an “interception” in violation of the federal Wiretap Act.
Under the Wiretap Act, as amended by the
Student Files Suit After Tweet Lands Her In Hot Water
A New Jersey student has filed a federal court lawsuit, H.W. v. Sterling High School District, alleging that she has been subject to disability discrimination and that her First Amendment rights have been violated.
The student, known only as H.W. in court papers, was banned from the prom, senior trip, and the school’s commencement
EEOC & FTC Issue Joint Background Check Guidance
The U.S. Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) issued joint informal 
guidance concerning the legal pitfalls employers may face when consulting background checks into a worker’s criminal record, financial history, medical history or use of social media. The FTC enforces the Fair Credit Reporting Act, the law that protects the
Best Practices For Gramm-Leach-Bliley Compliance
The U.S. Commodity Futures Trading Commission (Commission) issued a Staff Advisory on best practices for financial institutions that must comply with Gramm-Leach-Bliley Act (GLBA) provisions on data security and customer privacy.
GLBA was enacted to ensure that financial institutions respect the privacy of their customers and protect the security and confidentiality of nonpublic personal information.
Social Media Guidance Issued For Pharmaceutical Entities
The U.S. Department of Health and Human Services, Food and Drug Administration (FDA) recently issued draft guidance entitled “Guidance for Industry-Fulfilling Regulatory Requirements for Postmarketing Submissions of Interactive Promotional Media For Prescription Human and Animal Drugs and Biologics.”
The draft guidance is intended to describe the FDA’s current thinking about how manufacturers, packers, and distributors
EEOC To Discuss Social Media’s Impact On The Workplace
The U.S. Equal Employment Opportunity Commission (EEOC) just announced they will be holding a meeting on March 12, 2014 to discuss the use of social media in the workplace and its impact on the enforcement of equal employment opportunity laws. According to the EEOC’s announcement, the participants will address a range of issues, including recruitment