You may have been reading about how “Big Data” technologies are being used for a variety of purposes, such as making purchase suggestions based on prior buying patterns or staging law enforcement resources based on predictions for where and when crimes are likely to occur. But these technologies also are being used in
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
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
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
Nursing Facility Settles Alleged GINA Violations with EEOC for $370K
As one nursing facility in New York has learned, asking employees or applicants about their family medical history can violate the Genetic Information Nondiscrimination Act (“GINA”) and draw the ire of the U.S Equal Employment Opportunity Commission (EEOC). Founders Pavilion, Inc., a former Corning, N.Y. nursing and rehabilitation center, will pay $370,000 to settle discrimination
HR Must Take Simple Step to Comply with GINA When Setting Up Medical Examination
Since it was enacted in 2008, plaintiffs suing under the Genetic Information Nondiscrimination Act ("GINA"), 42 U.S.C. Section 2000ff et seq., have not had much success. Most cases have been dismissed at an early stage. As reported on our Disability, Leave and Health Management Blog, however, this summer the U.S. Equal Employment Opportunity Commission ("EEOC") burst on the scene
Recruiter Misuse of Social Media Can Increase Risk of Liability
Recruiters are increasingly turning to social media to screen and recruit candidates. Jobvite’s 2012 Social Recruiting Survey found that 92% of respondents plan to use social media for recruiting. Often, recruiters are viewing and considering information that should not be utilized in the hiring process. LinkedIn is replete with information that should not be considered
ADA Violated When Employer Responds to State Subpoena and Discloses Former Employee’s Medical Records
Companies frequently receive requests for information about current and former employees. These requests often come in the form of an attorney’s demand letter or a subpoena and apply to the individual’s medical records. Failing to carefully think through whether and how to respond can be a costly trap for the unwary.
Continue Reading ADA Violated When Employer Responds to State Subpoena and Discloses Former Employee’s Medical Records
EEOC and 7-Eleven of Hawaii Settle Over Disclosure of Former Employee’s Medical Information
Does your HR staff know the limits on what they could tell prospective employers about former employees?
In this case, the US Equal Employment Opportunity Commission (EEOC) alleged that 7-Eleven of Hawaii failed to keep a former employee’s medical information confidential by disclosing the information to a prospective employer, in violation of the ADA, which caused
Connecticut Woman Files First GINA Claim
ABC News has reported that a Fairfield, Connecticut woman, Pamela Fink, yesterday filed claims with the U.S. Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities that her employer violated GINA when it terminated her employment on March 25, 2010. The federal Genetic Information Nondiscrimination Act (GINA) (pdf), which went into