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Privacy in Employment Law, Third Edition, 2011 Cumulative Supplement
by:Matthew W. Finkin
The 2011 Cumulative Supplement further discusses: Continuing disagreement among the courts on whether a reasonable expectation of privacy can be completely dispelled by an employer s announced policy The judicial shift toward greater recognition that computer access does not become unauthorized under the Computer Fraud and Abuse Act (CFAA) when done...
The 2011 Cumulative Supplement further discusses: Continuing disagreement among the courts on whether a reasonable expectation of privacy can be completely dispelled by an employer s announced policy The judicial shift toward greater recognition that computer access does not become unauthorized under the Computer Fraud and Abuse Act (CFAA) when done for disloyal purposes New decisions from the federal courts on the allowability of fitness for duty medical examinations and the scope of the disclosure of medical information New laws on the use of criminal background checks and the conspicuousness of notice required to conduct one under federal law (with cases from Illinois, Maryland, Massachusetts, and Oregon) The scope of protection vel non for close personal association, broadened by the U.S. Supreme Court in Thompson v. North American Stainless under Title VII, but rejected for other purposes by other courts New protection of gender identification in Connecticut and Nevada The allowable scope for employee use of confidential information addressed by the Supreme Court of New Jersey New law on biometric controls in Texas Clarification on what constitutes an interception of an employee s electronic communication by the Seventh Circuit Role of the National Labor Relations Act in the monitoring of employee speech via social media.
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