EEOC “Rehabilitation Act” “medical information” MRC “medical records custodians”
Continue Reading EEOC Counsel Provides Guidance for Managing Employee Medical Information
Federal Contractors To Deal With Federal File Sharing Concerns
Under a measure passed overwhelmingly by the U.S. House of Representatives (408-13), federal contractors would be required to adopt measures established by the Office of Management and Budget to limit open network peer-to-peer file sharing software (P2P Software). Likely a response to the leakage of House and Senate ethics investigations, if the “Secure Federal
Employee Data Security Complaint Supports Whistleblower Retaliation Claim
Employees’ increasing sensitivity to data privacy and security, and widely accepted public policy to protect personal data maintained by businesses, require employers to respond meaningfully to employee data privacy and security complaints or risk whistle blower claims of retaliation.
The U.S. District Court for the District of New Jersey recently held that an employee who voiced concerns regarding his employer’s handling of data security before he was fired may proceed to trial under the New Jersey Conscientious Employee Protection Act (“CEPA”) on the ground that he was engaged in protected whistle blowing activity under CEPA. This is one of the first decisions linking a NJ CEPA or similar claim and data security concerns, and is in line with increased efforts by both the federal and state governments to protect employee data.Continue Reading Employee Data Security Complaint Supports Whistleblower Retaliation Claim
WISPs Beyond Massachusetts
Over the past few months, many businesses, particularly in the Northeast Region, have been focusing on creating a written information security program (WISP) to comply with Massachusetts identity theft regulations that went into effect March 1, 2010. For many, this has been a significant effort, reaching most, if not all, parts of their organizations. However
New Mobile Phones Capable of Monitoring Employee’s Every Move?
New mobile phone technology may allow employers to track very precise movements and activities of employees, such as walking, climbing stairs or even cleaning. As reported by Michael Fitzpatrick of BBC News, the technology developed by KDDI Corporation, a Japanese company, “works by analyzing the movement of accelerometers, found in many handsets.” This
Whitepaper On Social Media Use By Employees
Whether it be Facebook, MySpace, LinkedIn, Twitter, YouTube or the company blog, employee presence in social media is way, way up, creating risks for employers that are proving difficult to manage without careful planning and appropriate policies.
These risks can take many forms – FTC endorsement issues, inadvertent sharing of confidential company or personal
HHS Posts On Its Website Covered Entities Reporting HIPAA Data Breaches
On February 22, 2010, the Office of Civil Rights (OCR) posted on its website its first list of covered entities that have reported breaches of unsecured protected health information affecting more than 500 individuals. OCR acknowledged the HITECH Act requires HHS to make this information public by posting it on an HHS website.
The breach notification rule became effective on
Supervisors Do Not Have Unrestricted Access to Employee E-mails
Based partially upon an interpretation of Florida law, in Global Policy Partners, LLC, et al. v. Yessin, 2009 U.S. Dist. LEXIS 112472 (Nov. 24, 2009), a Virginia district court has ruled that an LLC’s partner does not always have the authority to access a partner’s e-mails simply by virtue of his status in the
“Cyber-Insurance” – Pushing Businesses to Protect Against the Next Data Breach?
It’s been around for a while, but could new products in the “cyber-insurance” market help companies focus on this emerging threat known as “information risk”?
The National Journal reports that for many companies online security is not a priority. Tom Risen’s article cites to a Verizon study conducted between 2004 and 2008 (pdf) that determined
ADA Confidentiality: Drug Test Results May Not Be Used Against Applicant at Pre-Offer Stage
A recent case emphasizes that employers must ensure they do not make improper medical inquiries related to pre-employment drug test results at the pre-offer stage. John Harrison v. Benchmark Electronics, Inc., No. 08-16656, 2010 App. LEXIS 632 (11th Cir. Jan. 11, 2010). Some valuable lessons for employers are discussed below.
The Eleventh Circuit Court of Appeals permitted an applicant who was not hired after testing positive for drugs used to control his epilepsy to proceed with his lawsuit asserting claims under the Americans with Disabilities Act because there were factual issues whether the employer made an improper medical inquiry and denied employment on that basis.Continue Reading ADA Confidentiality: Drug Test Results May Not Be Used Against Applicant at Pre-Offer Stage