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
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.
Outline
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Criminal history checks
- Fair Credit Reporting Act
- Genetic Information Nondiscrimination Act
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Social media
- NLRA liability
- Credit information
- Bring your own device policies
Benefits
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.
Faculty

Philip L. Gordon
Shareholder
Littler Mendelson
Mr. Gordon is the Chair of the firm's Privacy and Data Protection Practice Group. He has years of experience... | Read More
Mr. Gordon is the Chair of the firm's Privacy and Data Protection Practice Group. He has years of experience litigating privacy-based claims and counseling clients on all aspects of workplace privacy. He has provided advice to businesses of all sizes on surveillance of employees' electronic communications, background checks, responding to security breaches, outsourcing and compliance with HIPAA.
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Mark A. Konkel
Partner
Kelley Drye & Warren
Mr. Konkel handles litigation and arbitrations involving employment discrimination claims, labor disputes, restrictive... | Read More
Mr. Konkel handles litigation and arbitrations involving employment discrimination claims, labor disputes, restrictive covenant and trade secret disputes, and employment agreements. He also provides strategic advice on human resources issues, compliance with employment laws, best practices and policies, protection of IP, restrictive covenants, and business expansions and reductions-in-force.
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