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Example research essay topic: Quid Pro Quo Act Of 1996 - 1,863 words

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... and medical data, employee behavior outside the workplace, and employees' financial disclosures as private -- but not information on employee performance or use of company equipment. (HR Focus, 2001) Much of the debate and concern over privacy center on several key areas (HR Focus, 2001): Technology/Internet privacy. Decide first whether employees have a right to privacy in their e-mail messages and Internet use. Most companies and legal precedents take the position that employees using their employers' computers, transmission lines, and software can have no expectation of privacy for the content of their messages or the Web sites they visit.

However, the issue takes a 180 -degree turn when employees log onto the Internet to access the company's own (or third-party-run) site to change benefits options and payroll deductions, update information about their families, seek information about a health condition, or order reduced-rate prescription drugs. Although this information traditionally has been private, it's now moving back and forth in cyberspace, thanks to the growth of online HR and benefits administration. Health-care privacy. The Department of Health and Human Services (HHS) released new privacy regulations for health plans in December, as part of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

The new regulations apply to health-care providers and clearinghouses, health plans, and employers that are plan sponsors. The final rule makes a "substantial clarification, " expressly prohibiting employers that sponsor Employee Retirement Income Security Act (ERISA) -covered health plans from using protected health information for employment decisions. The rule creates a firewall between the part of a company that maintains the plan and that which is involved in hiring and promotions. (web) Genetic testing has raised its own privacy concerns because of the potential for discrimination against employees whose tests reveal they carry genes for chronic or grave illnesses -- which could lead to higher-than-average health costs and sick-time needs. That likelihood would seem to make such employees candidates for dismissal, for not being hired at all, or for being denied promotion opportunities. Genetic discrimination has yet to be addressed in a comprehensive manner, despite an executive order (E. O. 13145) signed in 1999 by President Clinton that protects the privacy of genetic information used for medical treatment, and prohibits forced genetic testing of federal employees and using any such testing to prevent employees from advancing.

International privacy. Companies with international operations and employees in Europe have another issue to deal with -- the European Union's (EU) Data Protection Directive. This nearly three-year-old order regulates how personal data are handled. One example: Transferring information, such as annual salaries, outside of the EU. The results: Stringent guidelines for U. S.

companies with operations inside Europe that control the transfer of data on expatriates or European workers. Other areas. Questions about whether company policies can dictate employees' off-duty activities; when and under what conditions companies can conduct searches of employees, their persons, and personal belongings; and other privacy-related questions seem to be coming up more frequently in court cases, suggesting that new policy areas will continue to be added. Keeping current on the subject, retaining good legal counsel inside and outside your company, conducting regular revisions of policies, and maintaining involvement by all senior management in privacy-related issues can go a long way toward helping HR with the dual burdens of protecting employees' privacy and protecting the company. Even though few respondents to the recent SHRM survey reported lawsuits related to privacy issues, your company will benefit by being prepared to address any potential legal problems. There are other privacy- and security-related issues that HR should be aware of (Glover, 2002): Negligent hiring.

Information available on the Web can help employers perform background checks on potential hires. Here, too, the reasonableness question comes into play in court cases. Elements to consider are the historic behavior of an individual, what is a reasonable background check under the circumstances, and the limitations under the Fair Credit Reporting Act (if a third party conducts investigations). There can also be a legal duty to warn of past employee misconduct under certain circumstances, including public safety and financial issues such as stealing.

HR should set standard pre-hire background search procedures for your business and maintain files on the results of your background searches. Hostile work environment and negligent retention. Employers have been sued on the grounds that they "knew or should have known" that defamatory or other information was downloaded and displayed by an employee on a company chat board. An Internet use policy that is broadcast to all and enforced can keep these issues from turning into lawsuits. HIPAA (Health Insurance Portability and Accountability Act of 1996).

This legislation includes privacy requirements concerning medical information. Global privacy issues. European Union (E. U. ) directives restrict information that can be sent to the U. S.

about employees working in the E. U. This includes e-mail transmissions. To integrate their approach to security and privacy issues, companies should include HR, the legal department, information systems personnel, and senior management. These groups should work together to develop a privacy policy and a monitoring policy. There are some recommendations concerning these issues (HR Focus, 2001): Disclose your policy to all employees at the time of hire or even before, and remind them periodically about the policy.

Have employees sign written forms acknowledging that they have read and understood the policy. Explicitly state that technology is company property and is meant for business purposes. Include specifics on cell phones if your company reimburses workers for their use. Employers can be held liable if an employee has a car accident while talking on a phone the company pays for. Consider a statement banning downloads of large files of music and video -- these challenge the system and slow your servers.

State that there is no expectation of privacy created by permitting employees to use the Internet. Consider making a nondisclosure / privacy policy on trade secrets a part of the paperwork to be signed at the start of employment. Spell out which materials must be kept in the office. Consider software that gives "look only" privileges and restricts printing / copying abilities to certain users. Be sure that any document destruction policy, electronic or otherwise, is in full compliance with the law, since a range of statutes require document retention for set periods of time.

Use monitoring and computer use policy as an opportunity to reiterate your non-harassment and non-discrimination policies. Inform workers about the penalties for violating the Internet use policy -- and make sure they are enforced. Sexual Harassment Federal law recognizes two different forms of claiming sexual harassment under Title VII. The first is quid pro quo. Under the quid pro quo form of harassment, a person in authority, usually a supervisor demands sexual favors of a subordinate as a condition of getting or keeping a job benefit. EEOC guidelines define sexual harassment generally as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" (web).

In quid pro quo cases, the offense is directly linked to an individual's terms of employment or forms the basis for employment decisions affecting the individual. Usually, such cases are easy to recognize the first sexual harassment lawsuit under Title VII was decided on quid pro quo grounds. When such harassment occurs, the subordinate has the legal right to take the employer to court. An example of quid pro quo harassment is the case of Lelia Bush v. Astra AB. (Facts About Sexual Harassment 1997) A pharmaceutical company recently agreed to pay $ 9. 85 million to settle claims that its president and other executives pressure female employees for sex. Lelia Bush, a former ASTRA USA sales representative, who said women were constantly solicited for sexual favors while she worked there, filed the original complaint.

Astra AB, a Swedish company, admitted that it allowed a hostile work environment, including requests for sexual favors in exchange for favorable treatment, at its U. S. headquarters. The EEOC charged that the company's former president, Lars Bildman, replaced older female employees with young, single women who were pressured to have sex. Former employees said the president demanded that eight hours of work be followed by eight hours of drinking and partying. (Facts About Sexual Harassment 1997) There are some cases where quid pro quo harassment does not exist.

Many sexual harassment victims are never threatened with termination or lack of advancement. Rather victims can suffer repeated abuse, which is an alternative ground for bringing a Title VII sexual harassment action. A hostile work environment arises when a co-worker or supervisor, engaging in unwelcome and inappropriate sexually based behavior, renders the workplace atmosphere intimidating, hostile, or offensive. Companies that want to manage their risk prudently must act before a problem occurs. Companies need a comprehensive, detailed written policy on sexual harassment. The CEO should issue the policy and make it a high priority of the company.

Second, they need to distribute this policy to all workers, and supervisors. The company policy, when distributed to all, is training enough. The policy should contain specific examples to help employees fully grasp the nature of sexual harassment. According to the EEOC, "a basic policy should set forth an express commitment to eradicate and prevent sexual harassment, a definition of sexual harassment, an explanation of penalties to be imposed, a detailed outline of the grievance procedure employees should use, additional resource or contact persons available for consultation, and an express commitment to keep all sexual harassment complaints and personnel actions confidential. " (web).

Preventing sexual harassment in the workplace requires a considerable investment of time and personnel. However, investing in these resources will benefit the companies by significantly saving money on the potential legal fees. Companies will also benefit from increased worker productivity and a more hospitable work environment. From a purely business perspective, a company only stands to gain if it takes a no-nonsense, hard-line position on sexual harassment. Not only is it the right thing to do, it is the smart thing to do. Sexual harassment is an important issue and should not be taken lightly; on the other hand, it should not be taken out of control either.

Sexual harassment in the workplace is an ongoing problem in today's society. The laws have been updated and in more recent years, more protection has been brought to the victim. References: "Facts About Sexual Harassment." (January 1997) The U. S. Equal Employment Opportunity Commission. [Online]. web web Robert J.

Border, & Elizabeth R. , (October 2002). Beware the Legal Risks of Hiring Temps. Workforce 10: 50 - 59 Rodney Glover, (August 2002). Balancing Security & Privacy in the Internet Age. HR Focus 79: 8 - 1, 13 - 15 Privacy: HR's New Minefield, (April 2001). HR Focus 78: 4 Stieber J. (1985).

Recent developments in employment at-will. Labor Law Journal, 36, 557 - 563. Pepe S. , Hayward K. (1994). Dealing with today's complicated issues and defenses in wrongful discharge eases.

Labor Law Developments, 40, 6 - 1 - 6 - 44. Rothstein M, Cover C, Schroeder E, Shoes E, Vandervelde L. (1994). Human resources and the law. Washington, DC: Bureau of National Affairs, Inc.


Free research essays on topics related to: act of 1996, sexual harassment, genetic testing, sexual favors, quid pro quo

Research essay sample on Quid Pro Quo Act Of 1996

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