Thursday, October 23, 2014

BNA INSIGHTS: Re-Thinking and Rejecting Social Media “Password Protection” Legislation

The story went viral, and legislators around the country caught the virus. On March 21, the Associated Press reported a few incidents where employers had requested or required login credentials from applicants or employees to access their personal social media accounts. Over the next three weeks, more stories were published; some regurgitating the incidents originally reported by the AP, and others reporting on additional, alleged inquiries.

BNA INSIGHTS: Should You Ask Job Applicants or Employees for Their Social Media Passwords?

Many employers currently look at job applicants’ public profiles on social media sites, such as Facebook, to gain insight into their character and suitability for employment. Now, however, some employers are going a giant step furtherand are asking applicants to provide them with passwords or other means of accessing the private areas of the applicants’ social media accounts.

Equal Employment Opportunity Commission Updates Enforcement Guidance On Employers’ Use of Criminal Histories

The Equal Employment Opportunity Commission April 25 approved updated enforcement guidance on potential discrimination resulting from employers’ use of individuals’ arrest and conviction records to make hiring and other employment decisions.
EEOC on a 4-1 vote said that although Title VII of the 1964 Civil Rights Act does not bar use of criminal background checks, employers may violate Title VII if they intentionally discriminate among individuals with similar criminal histories or if their policies have a disproportionate adverse impact based on race, national origin, or other protected category, and employers cannot demonstrate “business necessity.”

BNA INSIGHTS: Assessing The Genetic Information Nondiscrimination Act’s Impact on Employers After Two Years: Review of Litigation, EEOC Activity, Liability Risks, and Compliance Tips

Nov. 21, 2011 marked the two-year anniversary of the effective date of the Genetic Information Nondiscrimination Act, which imposes limitations and special requirements on an employer’s acquisition and use of the genetic information of its employees…

California Becomes Seventh State With Law Limiting Credit Report Use In Employment

Just before a midnight deadline, Gov. Jerry Brown (D) Oct. 9 signed a bill (A.B. 22) that limits employer use of credit reports to evaluate employees or applicants, making California the seventh state with such a law on the books…

In First NLRB Social Media Ruling, ALJ Holds Facebook Posting Firings Violated Labor Act

September 22, 2011 in Privacy & Security Law Report · Leave a Comment 

An upstate New York nonprofit violated federal labor law when it fired five employees for griping on Facebook about a co-worker, a National Labor Relations Board administrative law judge decided in an opinion released Sept. 6…

BNA INSIGHTS: Employment/Labor Law Meets Social Media: Advice for Employers

Only a few years ago, employers reacted quickly (and perhaps hastily) to the development of social media and their employees’ use of social media…

NLRB Advice Division Finds No Protection for Some Employee Complaints on Facebook

Employees posting complaints about their employment on Facebook or other social media sites may not be protected from disciplinary action even if their complaints are job-related, the National Labor Relations Board Division of Advice concluded in three recent memoranda to NLRB regional offices…

Social Media Risk, Mitigation Guidance Issued for Financial Services Industry

Financial sector companies must pay attention to a wide variety of legal compliance and risk issues related to the use of social networking, BITS, the technology policy division of The Financial Services Roundtable, cautioned in its “Social Media Risks and Mitigation”guidance issued July 11…

BNA INSIGHTS: Online Gripes About Work: Akin to Water Cooler Gab? A Look at Stepped-Up NLRB Enforcement Stance and Social Media Policies

A complaint issued in October 2010 by Region 34 (Hartford, Conn.) of the National Labor Relations Board (NLRB) generated a great deal of controversy over what restraints the NLRB places on employers seeking to limit employees’ disparaging Internet posts…

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