Overview

Write a 2–3-page article review in which you discuss privacy in the workplace.

From an HR perspective, the topic of privacy in the workplace is often related to pre-employment background checks and the use of technology. During the pre-employment period, privacy can become a concern because employers investigate criminal records, check credit reports, contact former employers, et cetera. Once employed, an individual’s use of company technology—and what is permissible and what is private—can also be concerns.

These topics are very important for HR practitioners and all members of management to understand, because privacy violations can be very costly to an organization and can result in negative press as well.

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

· Competency 2: Analyze trends and changes in the laws on diversity, gender, and harassment.

. Discuss personal opinion on privacy in the workplace considerations.

· Competency 3: Apply the laws and safety issues in the workplace.

. Identify the legal impact of the information.

. Describe how companies can act in accordance with the privacy laws.

· Competency 5: Create strategies for recovery from exposure to liabilities.

. Describe how companies can recover from violations related to the privacy laws.

· Competency 6: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.

. Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.

Context

The right to privacy is an honored value in the United States and has always been a complicated area of the law. After the terrorist attacks of September 11, 2001, questions have centered on privacy in numerous circles, not the least of which is the workplace. During this course, you have explored the balance between privacy, safety, and fairness. In this assessment, you will review the emerging issues specifically related to privacy and consider their legal implications.

Most discussion on this topic revolves around technology and pre-employment inquiry, but health records are emerging as equally important. Personnel records and criminal records—even academic records—are becoming relevant when decisions about the pursuit and retention of employment are on the table. Try not to restrict your thinking to personal ethical issues. Rather, try to see how the law is shaping policy in the workplace and then look at the diversity of personal lifestyles.

Questions to consider

To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.

· Use of illegal substances in the workplace results in significant cost to employers due to lost productivity, absences from work, and workplace accidents. In your opinion, what is the most effective approach for employers to take to try and eliminate illegal drugs from the workplace? Are pre-employment and random drug testing good deterrents? Are there privacy issues that you feel might exist with these practices?

· Have you ever encountered a case of wrongful termination, and if so, what was your reaction?

Suggested Resources

The following optional resources are provided to support you in completing the assessment or to provide a helpful context. For additional resources, refer to the Research Resources and Supplemental Resources in the left navigation menu of your courseroom.

Library Resources

The following e-books or articles from the Capella University Library are linked directly in this course:

· Shen, F. X. (2013). Neuroscience, mental privacy, and the law. Harvard Journal Of Law & Public Policy, 36(2), 653–713.

· Bagenstos, S. R. (2013). Employment law and social equality. Michigan Law Review, 112(2), 225–273.

SHOW LESS

Course Library Guide

A Capella University library guide has been created specifically for your use in this course. You are encouraged to refer to the resources in the BUS-FP4044 – Legal Issues in Human Resource Management Library Guide to help direct your research.

Internet Resources

Access the following resources by clicking the links provided. Please note that URLs change frequently. Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication.

· Society for Human Resource Management. (2014). Retrieved from http://www.shrm.org

Bookstore Resources

The resources listed below are relevant to the topics and assessments in this course and are not required. Unless noted otherwise, these materials are available for purchase from the Capella University Bookstore. When searching the bookstore, be sure to look for the Course ID with the specific –FP (FlexPath) course designation.

· Walsh, D. J. (2016). Employment law for human resource practice (5th ed.). Boston, MA: Cengage.

. Chapter 17, “Privacy on the Job: Information, Monitoring, and Investigations.”

Instructions

Use the Capella library and the Internet to find an article related to the issue of privacy in the workplace. Look for a case that is specifically related to human resources. Try to find the most recent instance of such a case.

Then, write a 2–3-page article review in which you discuss the following:

· Identify the legal impact of the information in your chosen article related to privacy in the workplace.

· Describe how companies can act in accordance with the privacy laws addressed in your article.

· Describe how companies can recover from violations related to the privacy laws addressed in your article.

· Provide a rationale to support your point of view.

Additional Requirements

· Written Communication: Written communication should be free of errors that detract from the overall message.

· APA Formatting: Resources and citations should be formatted according to current APA style and formatting guidelines.

· Font and Font Size: Times New Roman, 12 point, double-spaced. Use Microsoft Word to complete the assessment.

· Length: A minimum of two pages, excluding title page and reference page (150–300 words per question).