Pre & Post COVID -19 Workplace Privacy Issues
Overview of the webinar
Most employees will insist they have privacy rights, especially at the workplace. But few can state what those rights are. Likewise, not every employer or manager know what their obligations are when it comes to respecting an employee’s privacy rights or what the penalties are for not doing so. And that was in a pre-Covid-19 world! But currently and in the foreseeable future the workplace will be raising issues about an employee’s rights to refuse to wear PPE, be tested, vaccinated or contact traced both at work or in their personal life since COVID-19 and the very nature of any pandemic is the highly communicable nature of the virus. This webinar has been developed to explore the foundations, current state, and possible future changes of privacy in the workplace.
Why should you attend?
COVID-19 will probably “not” be the last challenge to workplace privacy rights, so it is imperative there be an understanding of what those rights are regarding pandemic’s and other possible challenges in order to preserve and protect them as well as not violating them and then having to endure a lawsuit with a negative financial outcome.
You will learn:
- What the U.S. Constitution (1st, 4th, 5th and 14th Amendments) says about privacy, how the courts interpreted it and how does it affect the workplace?
- What is meant by “Invasion of privacy “and what are the balancing tests and exceptions courts use to determine if the following concepts were violated?
- “Reasonable expectation of privacy.”
- “Intrusion into seclusion.”
- “Unreasonable publicity” of one’s private life.
- False light/defamation
- Remedies and employer defenses for “invasion of Privacy” claims
- How and why employer obligations differ in the private and public sectors.
The future of workplace privacy in response to COVID-19
Area Covered In This Session
- Federal v State privacy law differences
- Different types of Invasions of Privacy claims
- Political speech and privacy
- Monitoring and Surveillance
- “Employment at will” v privacy
- Employer investigations and employee privacy rights
- Statutory privacy rights
- Work from home (WFH) and return to work (RTW) privacy concerns from COVID-19.
Who Will Benefit?
- All level Managers, Supervisors
- Human Resources, Employee Relations, Labor Relations
- Attorney’s, and Union Officers/Representatives/Stewards
- All levels of Law Enforcement or Security staff.
As society re-opens in the wake of COVID-19 there will be several challenges for the workplace. Among these are the privacy rights of employees regarding an employee’s rights to refuse to wear PPE, be tested, vaccinated or contact traced both at work or in their personal life since COVID-19 and the very nature of any pandemic is the highly communicable nature of the virus. In order to meet these challenges, it is imperative to understand what those workplace privacy rights have been both pre and post COVID-19 and how policies may now be outdated or out of compliance with the law.
Instructor Profile: Bob Oberstein
Bob Oberstein is uniquely qualified with over 50 years of Labor Relations experience on both sides of the table in both the private and public sectors and is the recipient of the Federal Mediation and Conciliation Service Director’s Award for lifetime achievement in promoting positive Labor Management Relations. Bob also was the Director of the Labor Management Relations program at Ottawa University, Phoenix where he developed and taught Labor Relations and Human Resources related courses on both the graduate and undergraduate levels.
Bob has several published articles to his credit in addition to his arbitration awards and has also been recognized in Who’s Who Among America’s Teachers. Additionally, Bob served on several boards, commissions and panels where he participated in resolving or adjudicating all manner of workplace issues in a variety of industries. Moreover, Bob also holds a Master of Jurisprudence in Labor and Employment Law from Tulane University’s School of Law. Bob has and continues to serve the labor management community as well as other groups as an Arbitrator, Mediator, Facilitator, Investigator, Trainer and Educator.
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