Friday, January 27, 2017

Personal Information and Employment Law

Employment laws should be very clear about which types of personal information employers can bring into the workplace, and which types they can disclose. Employers shouldn't be able to use personality assessments, as these can be used to create a volatile work environment. An employer can tell through the interview process whether or not an individual is a good fit.

An employer's use of data from third parties should be very limited. For example, people's financial situations can be used against them. How much money do they have in the bank? What kind of credit do they have? Are they in a position where they can leave their job? Can they afford an attorney? Other examples include a person's marital or dating status. Some people can see these things as weaknesses.

Disclosures to third parties are another issue. An employee's whereabouts and schedule are strong examples. Workers have certain rights under laws with respect to invasion of privacy.


Personal Information and Employment Law


Thursday, January 19, 2017

Harassment based on Affiliation

Harassment laws don't really cover harassment based on organizational and personal affiliations, other than religious and political affiliations. With today's technologies, communications and networks, protections should probably be updated. For example, a child with a parent that is an author of politically incorrect publications could take a job with a retail chain and be subjected to retaliation from the competition through his/her position with the company, based on the company's relationship(s) with the competition. This type of pressure can be used to dissuade people form engaging in certain types of activities, such as exercising their right to freedom of speech.

A person can be harassed in the workplace based on affiliation, using traditional methods, but the motives are different. If the person takes the individuals/company to court for using the traditional methods, it's difficult to make a case without bringing in the part about the affiliation, because a strong motive is lacking. The person may appear to be paranoid, for example, because why would a bunch of people harass one person for no reason.

This type of litigation would probably best be handled through the civil court system. If a case goes to trial and it comes out that an organization(s) was pushing peoples' buttons to get them to engage in this type of activity, then the responsible parties would be liable for monetary damages. Non-disclosure agreements could be a barrier to successful litigation. Some of this can also fall under cyber harassment because people are using information obtained through information systems, and they're using communications devices to engage in the activities.


Harassment based on Affiliation