William S. Hubbartt - The New Battle Over Workplace Privacy: Safe Practices to Minimize Conflict, Confusion, and Litigation

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title	:	The New Battle Over Workplace Privacy : How Far Can Management Go? What Rights Do Employees Have? : Safe Practices to Minimize Conflict, Confusion, and Litigation
author	:	Hubbartt, William S.
publisher	:	AMACOM Books
isbn10 | asin	:	0814403573
print isbn13	:	9780814403570
ebook isbn13	:	9780585022758
language	:	English
subject	Labor laws and legislation--United States, Employee rights--United States, Privacy, Right of--United States.
publication date	:	1998
lcc	:	KF3455.H83 1998eb
ddc	:	344.7301
subject	:	Labor laws and legislation--United States, Employee rights--United States, Privacy, Right of--United States.

The New Battle Over Workplace Privacy How far can management go? What rights do employees have? Safe Practices to Minimize Conflict, Confusion, and Litigation William S. Hubbartt AMACOM American Management Association New York Atlanta Boston Chicago Kansas City San Francisco Washington, D.C. Brussels Mexico City Tokyo Toronto

This book is available at a special discount when ordered in bulk quantities. For information, contact Special Sales Department, AMACOM, a division of American Management Association, 1601 Broadway, New York, NY 10019. This publication is designed to provide accurate and authori- tative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not en- gaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Library of Congress Cataloging-in-Publication Data Hubbartt, William S. The new battle over workplace privacy: how far can management go? what rights do employees have?: safe practices to minimize conflict, confusion, and litigation / William S. Hubbartt. p. cm. Includes bibliographical references and index. ISBN 0-8144-0357-3 1. Labor laws and legislationUnited States. 2. Employee rightsUnited States. 3. Privacy, Right ofUnited States. I. Title. KF3455.H83 1997 344.7301dc21 97-38669 CIP 1998 William S. Hubbartt All rights reserved. Printed in the United States of America. This publication may not be reproduced, stored in a retrieval system, or transmitted in whole or in part, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AMACOM, a division of American Management Association, 1601 Broadway, New York, NY 10019. Printing number 10 9 8 7 6 5 4 3 2 1

To Gloria, the love of my life

Page vii Contents Preface xi 1 Privacy Rights: The New Employee Relations Battlefield 1 Preemployment Tests 3 New Information Technologies 4 Release of Private Information 5 Monitoring Employees and Their Performance 6 After-Hours Activities 7 Privacy Law and Company Policy 8 Case Examples Illustrate Lessons Learned 12 Conclusion 13 2 Why Employers Pry 14 Problems Facing Employers 14 Taking Care of Business 25 3 Privacy Law Primer 26 The Hierarchy of Laws 27 Common-Law Privacy Invasion 30 Constitutional Privacy Protections 34 A Crash Course in Federal Privacy Laws 37 State Privacy Laws 44 Appendix 51 4 Don't Judge the Book by Its Cover: Preemployment Inquiries, Background Checks, and Nepotism Policies 58 What Form of Birth Control Do You Use? and Other Inappropriate Preemployment Inquiries 60 What Former Employers Say: A Look at Reference Checking 62

Page viii Is There a Skeleton in the Closet? Find Out with Background Checks 66 Doin' Time on the Rock: How Employers Consider Arrest and Conviction Records 69

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