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Hiring & Firing › Right to Privacy

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
BCLP

Illinois Employment Law Updates: AI Restrictions, New Protected Classes, and More

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The Illinois General Assembly and Governor JB Pritzker have been busy in 2024, enacting significant changes to existing statutes like the Illinois Human Rights Act (the “IHRA”), the Personnel Records Review Act (the “PRRA”),...more

Ius Laboris

Can a Hidden Workplace Affair Lead to Dismissal?

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In a recent judgment, France’s Court of Cassation approved the dismissal of a senior executive who had maintained a hidden romantic relationship for more than four years with another employee....more

FordHarrison

Is Illinois Trying to Bar the Use of E-Verify (Again)?

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Real World Impact: Based on a recent amendment to the Illinois Right to Privacy in the Workplace Act (the Act) sent to Governor JB Pritzker for signature on June 20, 2024, it would appear that the answer to this question...more

Akerman LLP - HR Defense

Curious About Your Newest Employee’s Social Media Presence? Too Bad, Because in New York, It Could Cost You!

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In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same...more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana In California (part one)

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Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more

Seyfarth Shaw LLP

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

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Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more

McManis Faulkner

The Blunt Truth About Testing Employees For Marijuana in California

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Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment.  In many respects, cannabis is now treated like alcohol; although...more

Proskauer - Law and the Workplace

Illinois Legalizes Recreational Marijuana: Impact on Employers

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Illinois will soon become the eleventh state to legalize the recreational use of marijuana.  On June 25, 2019, Governor Pritzker signed into effect House Bill 1438—the Cannabis Regulation and Tax Act (“CRTA”).  The CRTA,...more

Womble Bond Dickinson

Reminder: Confusing Background Check Disclosures Can Get an Employer in FCRA Hot Water!

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On November 29, 2018, the Ninth Circuit Court of Appeals issued a decision in Mitchell v. Winco Foods, No. 17-35998, 2018 U.S. App. LEXIS 33483 (9th Cir. Nov. 29, 2018); a Fair Credit Reporting Act (“FCRA”) case on appeal...more

Pullman & Comley, LLC

ALERT - CT Legislative Update

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The 2018 Regular Session of the Connecticut General Assembly passed bills that, among other things: (1) revise the Student Data Privacy Act; (2) address budgetary issues stemming from attempts at reducing and rescinding...more

Faegre Drinker Biddle & Reath LLP

Covert Surveillance at Work: A Breach of the Right to Privacy

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In Lopez Ribalda & Ors v Spain (Application nos. 1874/13 and 8567/13) the European Court of Human Rights (ECtHR) held that the installation of and reliance on covert surveillance at work was a breach of the workers’ right to...more

Faegre Drinker Biddle & Reath LLP

European Court of Human Rights: Monitoring Employee Communications

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In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more

Faegre Drinker Biddle & Reath LLP

European Court of Human Rights Sets New Boundaries on Monitoring Employees in the Workplace

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The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower...more

Orrick, Herrington & Sutcliffe LLP

European Court Restricts Employer Access to Employee’s Private Communications

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With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

Hogan Lovells

Employment News - September 2017

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Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

FordHarrison

EEOC Issues Publication Informing Job Applicants and Employees with Mental Health Conditions of their Employment Rights

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On December 12, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a user-friendly resource document aimed at informing applicants and employees with mental health conditions about their workplace rights...more

Dechert LLP

No Expectation of Privacy in Relation to Workplace Emails and Evidence Seized by the Police in the UK

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In the recent case of Garamukanwa v Solent NHS Trust the UK Employment Appeal Tribunal ("EAT") held that the Claimant, Mr Garamukanwa, had no reasonable expectation of privacy in respect of emails sent to a work colleague...more

Orrick - Employment Law and Litigation

Employers in Germany May Now be Able to Check Browsing History of Work Computers

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In certain circumstances an employer is entitled to analyse the browsing history of the work computer used by the employee without a need for the employee’s consent. This was made clear in a recent ruling of the Regional...more

Weintraub Tobin

Social Media Fail: Sometimes Even Employers Memorialize Bad Decisions on the Internet

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Don’t deny it: you scroll through your social media feeds past the mundane photos, click-bait, and “humble brags” in search of explosive drama. Eventually, you might land on a status update from one of the reliable...more

Orrick, Herrington & Sutcliffe LLP

Employment Law News for 2016

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A belated happy new year to you all! To celebrate the beginning of 2016 we're cantering through some key employment law news stories from the past few months below. As always, please do get in touch with a member of the team...more

Allen Matkins

Maine Is Latest State To Restrict Employer Access To Personal Social Media Accounts

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Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or...more

Littler

Maine Enacts Law Restricting Employer Access to an Employee's or Job Applicant's Social Media Accounts

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Maine has now enacted legislation that restricts an employer’s ability to demand information regarding an employee’s or job applicant’s social media account. The passage of H.P. 640 - L.D. 921, An Act to Strengthen the...more

Dorsey & Whitney LLP

No Password for You: California Enacts Social Media Privacy Laws Affecting Employers and Postsecondary Educational Institutions

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Addressing a recent hot topic regarding the forced disclosure of social media passwords and/or content as part of the employment application process, California has promptly resolved the issue legislatively. Effective January...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Becomes Second State To Enact Social Media Password Ban

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On August 1, 2012, Illinois Governor Pat Quinn signed a new law that will make it unlawful for employers to ask job applicants and current employees to provide passwords or log-in information for their social networking...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Bans Employers From Requesting Social Networking Information

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On August 1, 2012, Illinois Governor Pat Quinn signed a new law that will make it unlawful for employers to ask job applicants and current employees to provide passwords or log-in information for their social networking...more

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