Capella University Employment Law for Human Resource Practice Article Summary
Introduction
From an HR perspective, the topic of privacy in the workplace is often related to pre-employment background checks and the use of technology. During the pre-employment period, privacy can become a concern because employers investigate criminal records, check credit reports, contact former employers, et cetera. Once employed, an individual’s use of company technology—and what is permissible and what is private—can also be concerns.
These topics are very important for HR practitioners and all members of management to understand, because privacy violations can be very costly to an organization and can result in negative press as well.
The right to privacy is an honored value in the United States and has always been a complicated area of the law. After the terrorist attacks of September 11, 2001, questions have centered on privacy in numerous circles, not the least of which is the workplace. During this course, you have explored the balance between privacy, safety, and fairness. In this assessment, you will review the emerging issues specifically related to privacy and consider their legal implications.
Most discussion on this topic revolves around technology and pre-employment inquiry, but health records are emerging as equally important. Personnel records and criminal records—even academic records—are becoming relevant when decisions about the pursuit and retention of employment are on the table. Try not to restrict your thinking to personal ethical issues. Rather, try to see how the law is shaping policy in the workplace and then look at the diversity of personal lifestyles.
Use the Capella library and the Internet to find an article related to the issue of privacy in the workplace. Look for a case that is specifically related to human resources. Try to find the most recent instance of such a case.
Then, write a 2–3 page article review in which you discuss the following:
- Identify the legal impact of the information in your chosen article related to privacy in the workplace.
- Describe how companies can act in accordance with the privacy laws addressed in your article.
- Describe how companies can recover from violations related to the privacy laws addressed in your article.
- Provide a rationale to support your point of view.
- Shen, F. X. (2013). Neuroscience, mental privacy, and the law. Harvard Journal of Law & Public Policy, 36(2), 653–713.
- Bagenstos, S. R. (2013). Employment law and social equality. Michigan Law Review, 112(2), 225–273.Walsh, D. J. (2019). Employment law for human resource practice (6th ed.). Cengage. Available in the courseroom via the VitalSource Bookshelf link.
- Chapter 15, “Privacy on the Job.”
