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Privacy Rights Issues in the Workplace
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?
- “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 of 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?
- All level Managers
- Supervisors
- Human Resources
- Employee Relations
- Labor Relations
- Attorney’s, and Union Officers
- Representatives
- Stewards, all levels of Law Enforcement or Security staff.
- All public and private sector organizations and professional organizations such as SHRM, IPMA-HR, NPELRA, plus all professional HR and management associations along with any and all Unions.
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 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.
Bob currently mediates in the Family, Civil and Small Claims courts in the State of Washington and serves on the permanent panels/rosters for the FMCS Arbitration Roster (Regions 1, 2, 4, and 7); Oregon Employment Relations Board (OERB); Washington Public Employment Relations Commission (PERC); State of California Mediation and Conciliation Service (SCMCS) Public Employment Relations Panel; American Arbitration Association (AAA) Workplace Investigation Panel; Arizona Department of Education (ADE) Hearing Officer Panel; Eglin Air Force Base & American Federation of Government Employees Local No. 214 Arbitration Panel. In the past, Bob served as mediator and arbitrator on the employment, labor, commercial, and construction panels for the American Arbitration Association and for Financial Industry Regulatory Authority (FINRA). He was also the initial trainer and advisor for the U.S. EEOC’s Phoenix Regional Office’s mediation program where additionally, he served as a mediator. Bob has also served as facilitator/mediator for the Interest-based bargaining process for several labor negotiations as well as being a Special Master (Arb-Med) in labor-management grievance resolution.
Bob holds a BA in English/Education from St. John's University, a Master of Science in Social Science and Graduate Certificate of Labor Studies from Long Island University, and a Master of Jurisprudence in Labor and Employment Law from Tulane University Law School.
Credits
ComplianceIQ is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for [1.5] PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.
HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org