Protecting Privacy to Prevent Discrimination
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Employment Discrimination Law in the United States: on the Road to Equality?
Employment Discrimination Law in the United States: On the Road to Equality? Employment Discrimination Law in the United States: On the Road to Equality? Risa Lieberwitz Cornell University I. Introduction U.S. antidiscrimination law seeks to address a history of workplace exclusion of individuals and groups on the basis of race, sex, national origin, and religion. Added to the core protections against discrimination on these bases, more recent legislation has recognized the need to expand the law to include discrimination on the basis of age and disability. Yet, as significant as antidiscrimination law has been, the U.S. workforce continues to reflect occupational segregation on these bases. Added to these problems is the growing insecurity of workforce made up increasingly by contingent employees, who are often drawn from the same groups needing protection under employment discrimination laws. The legislative and judicial agenda, thus, must remain focused on the same fundamental questions that led to initial passage of antidiscrimination laws. What goals should these laws seek to achieve? How should progress toward equality be measured? Should the law be concerned with equal treatment of individuals as well as equal results for protected groups? Can the law provide substantive equality in addition to formal equality? This paper describes and analyzes U.S. antidiscrimination law. It begins by describing the legal context of labor and employment law in the U.S., set against the background of the doctrine of employment at will. The discussion then focuses on Title VII of the Civil Rights 1 Act of 1964, which has been central to developing discrimination theory that has been applied to subsequent antidiscrimination laws. -
HB 2261 Is Unconstitutional and Must Be Opposed
HB 2261 is Unconstitutional and Must be Opposed HB 2261 amends the Virginia Human Rights Act to bring within the scope of “unlawful discrimination” virtually all criticism of Israel and Israeli government policies. By adopting a widely criticized, vague, and overbroad definition of anti-Semitism, this bill will classify political speech supportive of Palestinian human rights as unlawful discrimination in the workplace, in public accommodations, and in educational institutions in Virginia. HB 2261 is a blatantly unconstitutional attack on individual liberties, academic freedom, and human rights. While ostensibly introduced to expand the Human Rights Act’s reach, this bill provides no new legal protection for Jewish or other residents of Virginia who are subjected to discrimination on the basis of their religion, and also fails to cover vulnerable populations – like LGBTQ Virginians – who are currently not explicitly protected. This bill, rather, targets the expression of certain viewpoints that lawmakers may disfavor, and thereby invites Virginia to violate the First Amendment. It makes a mockery of the state’s Human Rights Act by punishing, rather than uplifting, human rights advocacy. We call on you to oppose HB 2261.1 I. The definition of anti-Semitism endorsed by HB 2261, if adopted, would violate the First Amendment HB 2261 would incorporate a widely-criticized definition of anti-Semitism that is currently used for limited international monitoring purposes by the U.S. State Department.2 The State Department definition is not applied domestically, and is not used by any other federal or state government agency. If integrated into Virginia’s Human Rights Act, it will unconstitutionally restrict First Amendment-protected speech and advocacy supportive of Palestinian human rights. -
Employee Privacy Laws: North Carolina
View the online version at http://us.practicallaw.com/w-000-3324 Employee Privacy Laws: North Carolina ALICIA A. GILLESKIE AND KIMBERLY J. KORANDO, SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P., WITH PRACTICAL LAW LABOR & EMPLOYMENT A guide to state law on employee privacy laws Does not adversely affect: for private employers in North Carolina. This the employee's job performance: the employee's ability to properly fulfill the responsibilities of Q&A addresses employee privacy rights and the position in question; or the consequences for employers that violate the safety of other employees. these rights. Federal, local or municipal law may (N.C. Gen. Stat. § 95-28.2(b).) impose additional or different requirements. Employers do not violate this law if they: OVERVIEW OF STATE PRIVACY LAW Restrict the lawful use of lawful products by employees during nonworking hours if the restriction relates to a bona fide occupa- 1. Please list each state law relating to employee privacy (for tional requirement and is reasonably related to the employment example, employee right to privacy, access to personnel files, activities. If the restriction reasonably relates to only a particular electronic communications, surveillance and monitoring, medi- employee or group of employees, then the restriction may only cal examinations, and lawful off-duty activity laws), EXCEPT lawfully apply to them. state laws on background checks and drug testing. For each, Restrict the lawful use of lawful products by employees during please describe: nonworking hours if the restriction relates to the fundamental objectives of the organization. What activity the law protects. Discharges, disciplines, or takes any action against an employee Which employers are covered. -
SHOULD EMPLOYERS HAVE the ABILITY to MONITOR THEIR EMPLOYEES ELECTRONICALLY? Danielle Dorval University of Rhode Island
University of Rhode Island DigitalCommons@URI Seminar Research Paper Series Schmidt Labor Research Center 2004 Should Employers Have the Ability to Monitor Their mploE yees Electronically? Danielle Dorval University of Rhode Island Follow this and additional works at: http://digitalcommons.uri.edu/lrc_paper_series Recommended Citation Dorval, Danielle, "Should Employers Have the Ability to Monitor Their mpE loyees Electronically?" (2004). Seminar Research Paper Series. Paper 18. http://digitalcommons.uri.edu/lrc_paper_series/18http://digitalcommons.uri.edu/lrc_paper_series/18 This Seminar Paper is brought to you for free and open access by the Schmidt Labor Research Center at DigitalCommons@URI. It has been accepted for inclusion in Seminar Research Paper Series by an authorized administrator of DigitalCommons@URI. For more information, please contact [email protected]. SHOULD EMPLOYERS HAVE THE ABILITY TO MONITOR THEIR EMPLOYEES ELECTRONICALLY? Danielle Dorval University of Rhode Island The purpose of this paper is to answer the question of whether or not employers should have the ability to electronically monitor their employees in the workplace. It stresses both the monitoring of computers, and also telephone wiretapping. The topic is examined through a legal, behavioral, and ethical perspective, to gain a more complete idea of the extent of the concern with electronic monitoring. Court cases were used to explain the different facets of the legal struggle between the employer's right to monitor and the employee's right to privacy. Several theories, including panoptic theory, were used to explain the behavioral effects of employer surveillance. Finally, the ethical issues with regards to electronic monitoring were explained through the idea of social control, and the balance of the needs of the employer and the needs of the employee. -
INTRUSIVE MONITORING: EMPLOYEE PRIVACY EXPECTATIONS ARE REASONABLE in EUROPE, DESTROYED in the UNITED STATES Lothar Determannt & Robert Spragueu
INTRUSIVE MONITORING: EMPLOYEE PRIVACY EXPECTATIONS ARE REASONABLE IN EUROPE, DESTROYED IN THE UNITED STATES Lothar Determannt & Robert SpragueU TABLE OF CONTENTS I. INTRODUCTION ................. ...................... 980 II. EMPLOYER MONITORING AND EMPLOYEE PRIVACY-U.S. PERSPECTIVE ............................ 981 A. WORK-RELATED EMPLOYER MONITORING........................................981 B. WORK-RELATED EMPLOYEE PRIVACY ................ ....... 986 1. Work-Related Rights to Privag Under the Constitution.....................986 2. Work-Related Rights to Privag Under the Common Law..................990 3. Statutog Rjghts to Privag................................. 993 a) The Electronic Communications Privacy Act ............... 995 C. INTRUSIVE WORKPLACE MONITORING AND EMPLOYEE PRIVACY................................................ 1001 1. Employer Access to PersonalWeb-Based Applications..................... 1007 2. Webcams ...................................... 1009 3. GPS ..................................... 1012 D. WORKPLACE PRIVACY TRENDS IN THE UNITED STATES............... 1016 III. EMPLOYER MONITORING AND EMPLOYEE PRIVACY-EUROPEAN PERSPECTIVE .. ................... 1018 A. LAWS IN EUROPE-OVERVIEW ................ ............. 1019 B. CIVIL RIGHTS PROTECTIONS FOR PRIVACY AT THE EUROPEAN LEVEL............................. .......... 1019 ( 2011 Lothar Determann & Robert Sprague. t Dr. iur habil, Privatdozent, Freie Universitat Berlin; Adjunct Professor, University of California, Berkeley School of Law and Hastings College -
Group Rights and the Constitution: the Special Case of African Americans, 1 U
University of Maryland Law Journal of Race, Religion, Gender and Class Volume 1 | Issue 1 Article 4 What is a Community? Group Rights and The Constitution: The pS ecial Case of African Americans Taunya Lovell Banks [email protected] Follow this and additional works at: http://digitalcommons.law.umaryland.edu/rrgc Part of the Fourth Amendment Commons, and the Race and Ethnicity Commons Recommended Citation Taunya L. Banks, What is a Community? Group Rights and The Constitution: The Special Case of African Americans, 1 U. Md. L.J. Race Relig. Gender & Class 51 (2001). Available at: http://digitalcommons.law.umaryland.edu/rrgc/vol1/iss1/4 This Article is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in University of Maryland Law Journal of Race, Religion, Gender and Class by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. WHAT IS A COMMUNITY? GROUP RIGHTS AND THE CONSTITUTION: THE SPECIAL CASE OF AFRICAN AMERICANS TAUNYA LOVELL BANKS* "We are born into certain groups, others we choose, and still others choose us. Lifie,] not subject to the call of groupness,] is as difficult for us to imagine as life not subject to the individuatingcall ofpersonhood or to the sociatingcall of sociality. "I INTRODUCTION In 1992 after a woman reported that she had been robbed in her home by a young black man, police officers in the predominately white upstate New York town of Oneonta tried to "locate and question" every African American or "black" 2 man in the town. -
Physical Consent in the Workplace
Physical Consent In The Workplace Is Phineas fitchy or satiated after shaggiest Osbourn premiers so motionlessly? Kit refloats skulkingly if reprovingreadier Mahmoud air-mail orrolls de-Stalinizing or traipsed. the,Upstaged is Kimball and humiliatory?inexhaustible Johnathan checks her bonehead Be willing to negotiate, upon request, with fidelity union representing your employees on future terms and conditions of using such new technologies. Assault and battery are two separate claims that employees can bring against their employer. Religious need not have sex, i need not only some states experience in disciplinary committee on consent in physical workplace. Initiatives in an analysis on whether or he should respect for physiotherapy, continued consent for literature on your clothes. All i this cleanse to creating a robust platform for future female workers to report harassment incidents. You consent is physical contact by letting your twitter feed is relevant factors. We underline a proud bird of providing compassionate advocacy for victims of workplace harassment, and dedicate ourselves to stopping the harassment and seeking full compensation for our clients. This might occur in pledge or suppose an administrative agency, sometimes according to complicated legal procedures. Avoid italics; they score not advance easily online. These words or effective? In some cases it is better to bend at the gesture, while others it barely better also quit. The javascript used in this widget is not supported by your browser. Ceo would allow or physical harm, brushing the perspective in. Those interested in using one need to carefully explore the various products on the market to determine which is best for their situation. -
Introduction a Provider’S Introduction to Substance Abuse Treatment for Lesbian, Gay, Bisexual, and Transgender Individuals Second Edition
Introduction A Provider’s Introduction to Substance Abuse Treatment for Lesbian, Gay, Bisexual, and Transgender Individuals Second Edition Presented by: Stephanie Carlson, MBA, CATC III YMSM+LGBT Center of Excellence (CoE) Center of Excellence (CoE) for Racial/ethnic Minority Young Men Who Have Sex with Men (YMSM) and other Lesbian, Gay, Bisexual, and Transgender (LGBT) Populations. www.ymsmlgbt.org Funding for this event was made possible by cooperative agreement 5 UR1 TI024242-03 from the Substance Abuse and Mental Health Services Administration. The views expressed in written materials or publications and by speakers and moderators do not necessarily reflect the official policies of the DHHS; nor does mention of trade names, 2 commercial practices, or organizations imply endorsement by the U.S. Government. Group Agreements for Today: • Be respectful when others are speaking • Speak from your own experience (use "I" statements) • Respect confidentiality • Take risks (open to learning or asking questions) • Have fun • Other agreements 3 Training Context and Description • It is important to recognize that since the inception of this curriculum, equality for the LGBT community has shifted in a more positive direction. – Example: As of June 26, 2015, the Supreme Court has ruled that same-sex marriage is legal in every state. • However, shame, stigma, bullying, homophobia, biphobia and transphobia, still create barriers for many LGBT people to access and receive affirming care. • Right now, May 2021, there are 250 bills being fought (including 125+ anti-trans bills) across 40 states….LGBTQ rights are on the line in much of the US • ANTI LGBTQ+ bills enacted in AL, AR, MS, MT, ND, OK, SD, TN & WV 4 Today’s LGBT Curriculum • The curriculum is designed to develop provider skills in delivering culturally responsive prevention and treatment services for LGBT populations. -
DFEH Employment Information on COVID-19 (Ca.Gov)
DFEH Employment Information on COVID-19 THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING THE MISSION OF THE DEPARTMENT OF FAIR EMPLOYMENT A pandemic of respiratoryA illnessND HOUSING caused IS TO by PROTEC a newT THE coronavirus PEOPLE OF CALIFORNIA(COVID-19) currently exists in CaliforniaFROM and UNLAWFUL beyond. DISCRIMINATIGovernor NewsomON IN EMPLOYMENT, declared a state of emergency in CaliforniaHOUSING on AND March PUBLIC 4, A2020.CCOMMODAT IONS, AND FROM THE PERPETRATION OF ACTS OF HATE VIOLENCE AND Workers and employers should adhere to the latest government guidance on HUMAN TRAFFICKING. how to reduce transmission of COVID-19 in the workplace, including guidance from the Centers for Disease Control and Prevention (CDC), the California Department of Public Health, and the California Division of Occupational Safety and Health (Cal/OSHA). At the same time, employers must adhere to state and federal civil rights laws, including the Fair Employment and Housing Act (FEHA). For employers with 5 or more employees, the FEHA prohibits employment discrimination and harassment on the basis of race, national origin, disability, age (over 40), and other characteristics. The FEHA also requires employers to reasonably accommodate employees with a disability, unless an employer shows undue hardship after engaging in the interactive process. DFEH is providing this guidance to assist employers and employees with frequently asked questions about how to keep workplaces safe during the COVID-19 pandemic while also upholding civil rights. This guidance is based on current public health information and may be updated from time to time, and replaces previous guidance issued on March 20, 2020 and July 24, 2020. -
Social Media Bites Back
Social Media Bites Back Speaker . Sue Dill Calloway RN, Esq. CPHRM, CCMSCP . AD, BA, BSN, MSN, JD . President of Patient Safety and Education . 5447 Fawnbrook Lane . Dublin, Ohio 43017 . 614 791-1468 (Call with Questions, No emails) . [email protected] 2 What is Social Media? . Social media is defined as: . Websites and applications that enable users to create and share content with or to participants in social networking . It is computer mediated tools that allow people to create, share, and exchange information, ideas, and pictures in virtual communities and networks . Internet users spend more time on social media than any other type (Nielsen) . Social media takes on all different forms; blogs, photo sharing, enterprise social media, social gaming, video sharing, social booking and more 3 Social Media Websites . Facebook-commonly used for friends to stay in touch . Pinterest-web and mobile application company that has photo sharing website . Twitter-users post “tweets” of up to 140 words that answer “what are you doing right now” . You Tube-can share videos with friends and others . MySpace-commonly used for friends to stay in touch . LinkedIn-commonly used for business networking, job searches, and recruiting . Others; Instagram, Google +, Flickr, Tumbir, FourSquare, Last.fm, Snapfish for photos, LImeWars for video, Napster for music . Social Media also referred to as Web 2.0 4 Social Networking Facts . The Pew Internet Project Research related to social networking showed that as of January 2014 . 74% of online adults use social media . 71% of online adults use Facebook . 23% of online adults use Twitter . 26% use Instagram . -
Imputing Human Rights Obligations on Multinational Corporations: the Inn Th Circuit Strikes Again in Judicial Activism Tawny Aine Bridgeford
American University International Law Review Volume 18 | Issue 4 Article 4 2003 Imputing Human Rights Obligations on Multinational Corporations: The inN th Circuit Strikes Again in Judicial Activism Tawny Aine Bridgeford Follow this and additional works at: http://digitalcommons.wcl.american.edu/auilr Part of the International Law Commons Recommended Citation Bridgeford, Tawny Aine. "Imputing Human Rights Obligations on Multinational Corporations: The inN th Circuit Strikes Again in Judicial Activism." American University International Law Review 18, no. 4 (2003): 1009-1057. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University International Law Review by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. THE INTERNATIONAL HUMAN RIGHTS STATUS OF ELDERLY PERSONS DIEGO RODRIGUEZ-PINZ6N* AND CLAUDIA MARTIN" IN TRODU CTION .............................................. 916 I. WHAT TYPE OF RIGHTS ARE ELDERLY RIGHTS? ..... 918 A. CIVIL AND POLITICAL RIGHTS PROVISIONS AND THE PROTECTION OF THE RIGHTS OF THE ELDERLY ............. 922 B. NON-DISCRIMINATION AND THE "DISADVANTAGED OR VULNERABLE GROUP" APPROACH ........................ 935 C. PREFERENTIAL TREATMENT TO DISADVANTAGED GROUPS. 938 II. THE UNITED NATIONS AND ELDERLY CONCERNS ... 947 III. THE RIGHTS OF OLDER PERSONS IN RELATION TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS ....................... 952 A. ARTICLE 3: EQUAL RIGHTS OF MEN AND WOMEN ......... 955 B. ARTICLES 6 THROUGH 8: RIGHTS RELATING TO WORK .... 956 C. ARTICLE 9: THE RIGHT TO SOCIAL SECURITY ............ -
Constitutional Privacy Rights in the Private Workplace, Under the Federal and California Constitutions John C
Hastings Constitutional Law Quarterly Volume 19 Article 5 Number 4 Summer 1992 1-1-1992 Constitutional Privacy Rights in the Private Workplace, under the Federal and California Constitutions John C. Barker Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation John C. Barker, Constitutional Privacy Rights in the Private Workplace, under the Federal and California Constitutions, 19 Hastings Const. L.Q. 1107 (1992). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol19/iss4/5 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Constitutional Privacy Rights in the Private Workplace, Under the Federal and California Constitutions By JoHN C. BARKER* Table of Contents I. Introduction ......................................... 1108 II. Federal Constitutional Protections ................. .. 1110 A. Modem Substantive Due Process ...................... 1110 1. History of the Penumbral Privacy Right and Its Incorporation into the Fourteenth Amendment ...... 1110 2. Privacy Under Equal Protection .................... 1113 3. The Substantive Scope of the Federal Privacy Right. 1114 B. The Fourth Amendment ............................... 1116