Proactive Privacy

Employment lawyers should look beyond mere compliance with privacy regulation and engage in what I call “Proactive Privacy.”

Proactive Privacy is creating a privacy-aware corporate culture that educates all employees about privacy (and cybersecurity) and motivates them to be a part of that culture.  In short, it extends your privacy demands beyond the punitive and into the normative. (Of course, clear policies and expectations remain critical!).

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2015 ABA National Symposium on Technology and Employment Law

I was just at the 2015 ABA National Symposium on Technology and Employment Law and had the privilege of participating in a panel about big bata and bias in employment law.  The conference was really, hour for hour, two of the most valuable days of my legal career.

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EEOC, Big Data and Disparate Impact: Barking up the Wrong Tree

It has been widely reported that EEOC Assistant Legal Counsel Carol Miaskoff, when addressing a conference on big data, shared her belief that employers should be concerned with the disparate impact of their employment-related data mining and analysis.

I am not convinced that she is right.   I don’t think disparate impact will be the theory on which plaintiffs successfully attack big data in employment — I think it will be on a theory of  intentional discrimination through proof of a discriminatory “pattern and practice.”

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Checklist: Employee Technology Policies (Part 2 of 2)

Earlier, I published the first part of a checklist for employment lawyers developing technology policies.

Part one covered:

  • Acceptable Use of Corporate Technology
  • Security Compliance
  • Electronic Privacy
  • Data Governance
  • Trade Secrets/Confidential Information
  • Social media
  • NLRB Compliance (and Caution)

This part covers:

  • Cellphone/Mobile Device
  • ADA Policy/Accommodations
  • Data Retention Across Devices and Apps
  • Technology and Data Services Acquisition
  • Notes

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Checklist: Employee Technology Policies (Part 1 of 2)

I have argued elsewhere that employment lawyers should be an integral part of the creation of workplace policies that prioritize cybersecurity and recognize its centrality to the well-being of the organization.

What follows is a two-part checklist for employment counsel to use when designing employement-related technology policies.

       Contents: Part One (below) 

  • Acceptable Use of Corporate Technology
  • Security Compliance
  • Electronic Privacy
  • Data Governance
  • Trade Secrets/Confidential Information
  • Social media
  • NLRB Compliance (and Caution)

        Contents: Part Two (found here

  • Cellphone/Mobile Device
  • ADA Policy/Accommodations
  • Data Retention Across Devices and Apps
  • Technology Acquisition
  • Notes

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8 Trends in the Transformation of Tech-Related Employment Law

2015 will see the broadening and deepening of the transformation of tech-related employment law.

Here are eight reasons why:

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ADA and Emerging Tech: Key Considerations for Employers

The Americans with Disabilities Act (ADA) is often overlooked in employment-related technology development, acquisition and deployment.  As new and emerging technologies enter the workplace (see my earlier post, here) there are several key considerations related to the ADA to bear in mind.

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