Run Time: 90 minutes
Leaders: Jim Castagnera & Paul Flanagan, Attorneys at Law
Credits: Awarded 1.5 credit hours by HRCI
Price: Download $199 (Share the download with your colleagues)
Audience: HR, benefits, finance, HR managers, IT, CEOs, in-house counsel, managers, and supervisors, etc.
Employers and their employees will find the workplaces they are returning to have been transformed by COVID-19. Nowhere will this be more obvious than when it comes to the employee’s privacy rights. In the “new normal” workplace will the individual worker’s right to privacy become secondary to maintaining the health of the workforce and the success of the business? Privacy rights guaranteed by HIPAA, GINA, ADA, FMLA, and myriad other federal, state and local laws may be relaxed in the post-pandemic workplace in a way that permit employers to act to protect their workforce to the detriment of the individual worker. But enforcement of privacy rights will not be off the table. Actions by the DOL, EEOC, and OSHA, and recommendations by the President’s Coronavirus Task Force are likely to support employers in their efforts to keep their workforce healthy and on the job‒even if this means individual privacy rights suffer. But new lines will be drawn by these agencies, while private lawsuits will remain a viable employee option.
HR will be dealing with these crucial issues without the benefit of experience or guidance, applying current privacy requirements in situations that were never contemplated‒raising new compliance risks for human resources professionals and their employers. Please join attorneys Dr. Jim Castagnera and Paul Flanagan, as they review current federal and state employee privacy requirements and describe the compliance challenges HR will face when applying these requirements in the post-pandemic world of work‒including describing situations which HR should anticipate and offering actionable best practices for responding to these compliance challenges.
During this important webinar attorneys Dr. Jim Castagnera and Mr. Paul Flannigan will discuss:
- Current employee privacy rights included in HIPAA, GINA, FMLA, ADA and other important federal and state statutes and regulations
- Title VII anti-discrimination requirements, especially as they relate to medical tests and vaccinations
- EEOC and OSHA guidance for monitoring the health of the returning workforce
- Guidelines from The President’s Coronavirus Taskforce for managing the return to work
- HIPAA’s enhanced privacy rules and how they apply to your business
- Are you allowed to take your employee’s temperature? How often and under what circumstances?
- How may you access and use health information you gather without violating an employee’s right to privacy?
- Is inquiring about the health of an employee or a family member a privacy violation in the new normal workplace? Is it discriminatory?
- Can you monitor the social media of an employee in order to check on their health?
- Is it a privacy violation to ask about an employee’s after work activities?
- What can you do if an employee if uncooperative? What if the employee does not want to come to work?
- Does the ADA interactive process allow you to inquire about the health of an employee?
- Are you required to maintain the confidentiality of the health information you inadvertently get?
- Can you report the results of your health checks to public health officials without violating the privacy rights of the employee?
- Can you alert fellow workers to the health status of another employee?
- How much can you inquire about the health of an employee who requests FML leave?
- Are pre-existing conditions a subject you can inquire about? Does GINA protect the workers right to privacy in these situations?
- Do the same privacy requirements apply in work from home situations?
- What if the employee refuses to discuss health issues?
Dr. Jim Castagnera is an employment and labor attorney with more than 36 years experience. He is a sought-after speaker on coronavirus and other topics, teacher, successful author, and accomplished consultant who assists his clients in meeting their current HR compliance challenges with clear and practical solutions. He holds a JD and a PhD from Case Western Reserve University. Following ten years as an employment and labor lawyer with a major Philadelphia law firm, he served for 23 years as in-house legal counsel at Rider University. With 20 published books, mostly on HR-law topics, he teaches HR compliance in Drexel University’s Kline School of Law and is the chief consultant of Holland Media Services, with offices in Los Angeles and Philadelphia.
Paul Flanagan is assistant professor of law at the Drexel University School of Law, Philadelphia, Pennsylvania. He is an authority on compliance, privacy, and security related matters with decades of experience working with some of the nation’s leading health care providers and higher education institutions. Prior to joining the Drexel University faculty, Paul served as executive director of Compliance and Privacy Services for the Drexel University Compliance and Privacy Office. There, he helped manage the university’s compliance and data privacy and security programs and provided Drexel’s senior management with guidance for developing, implementing and maintaining procedures covering the privacy of students, faculty, professional staff and the security of institutional data. Dual certified in both compliance and health care compliance, Professor Flanagan received his JD from Creighton University School of Law and his MS in human resources/hospital administration from Widener University.
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