Avoiding Employer Liability Due to Employees’ Expanded Privacy Rights: Crafting Effective Policies and Practices

Protecting Employer Interests With Effective Policies and Practices Amid Expanding Employee Rights

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, March 19, 2014

Recorded event now available

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Course Materials

This CLE course will equip employment counsel with best practices in balancing employer interests and employee privacy rights when navigating criminal and credit history checks under the FCRA, bring your own device (BYOD) programs, the Genetic Information Nondiscrimination Act (GINA) and NLRA compliance.


Employers are faced with more limitations than ever before with regard to gathering information on current or prospective employees. Employers are precariously balanced on a tightrope between their interests and employee privacy rights.

2014 and beyond present employers with heightened challenges in a number of areas: complying with GINA, implementing social media policies consistent with NLRA rulings, developing BYOD policies and more. Most of these laws regarding employee privacy overwhelmingly favor employees.

With the increase in private class actions and government enforcement, counsel must guide employers in reviewing and revising policies to ensure compliance and avoid liability exposure. Employers also look to counsel to recommend techniques to stand clear of legal risks while obtaining the information they need to make effective employment decisions.

Listen as our distinguished panel reviews the expanded employee privacy rights. They will provide counsel with best practices to avoid liability and techniques to obtain enough information to make well-informed employment decisions.



  1. Criminal history checks
    1. Fair Credit Reporting Act
  2. Genetic Information Nondiscrimination Act
  3. Social media
    1. NLRA liability
  4. Credit information
  5. Bring your own device policies


The panel will review these and other key questions:

  • How can an employer obtain the information needed to make employment decisions in an environment of increased employee rights?
  • What limitations are employers facing as a result of the NLRA and employee social media accounts?
  • How can employers avoid inadvertent violations of GINA?
  • How does the FCRA affect an employer’s ability to obtain criminal information about an employee or prospective employee?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Philip L. Gordon
Philip L. Gordon

Littler Mendelson

Mr. Gordon is the Chair of the firm's Privacy and Data Protection Practice Group. He has years of experience...  |  Read More

Mark A. Konkel
Mark A. Konkel

Kelley Drye & Warren

Mr. Konkel handles litigation and arbitrations involving employment discrimination claims, labor disputes, restrictive...  |  Read More

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