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A New Question Every Week

Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.

This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.

We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.

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Category: Privacy Rights

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

 

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Question: There has been a lot of news coverage lately on restroom policies related to transgender employees.  Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of all employees?  More generally, can you help me understand the appropriate, respectful terminology in this area?  I certainly don’t want to offend anyone on purpose,...

POSTED IN Privacy Rights, Sex Discrimination
Quirky Question #216, Use of a Photograph of a Former Employee

Quirky Question #216, Use of a Photograph of a Former Employee

 

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Question: A junior member of our marketing department left to join a competitor.  While she was with us, she created numerous marketing brochures with photographs of her demonstrating our product.  We received a letter from the competitor demanding that we remove her picture from our brochures and website and delete her name on any company materials.  It would be very...

POSTED IN Privacy Rights
Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson

Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson

 

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Employees’ Informational Privacy Rights — Supreme Court Decides NASA v. Nelson On January 19, 2011, the United States Supreme Court decided the case of NASA v. Nelson, No. 09-530. The Court unanimously (a six justice majority, two concurring opinions, and Justice Kagan recusing herself), held that it did not violate the Constitution for employees of a government contractor to be...

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Quirky Question # 165, Employment Cases Before the U.S. Supreme Court

Quirky Question # 165, Employment Cases Before the U.S. Supreme Court

 

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Question: This question is not especially “quirky.” I know that last year, you described the important employment cases that the U.S. Supreme Court was going to consider in the following year. I’ve seen a lot of press recently about the Walmart-Dukes case. What other employment cases will the Supreme Court be considering next term?

POSTED IN Negligence, Privacy Rights, Wage and Hour Issues
City of Ontario v. Quon, The Supreme Court Weighs In on Employee Privacy Expectations

City of Ontario v. Quon, The Supreme Court Weighs In on Employee Privacy Expectations

 

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City of Ontario vs. Quon, 560 U.S. ___ (2010) On June 17, 2010, the U.S. Supreme Court decided the case of City of Ontario v. Quon, No. 08-1332, 560 U.S. ___ (2010).  The decision was unanimous, with the Court’s opinion written by Justice Kennedy.  Justices Stevens and Scalia filed separate concurring opinions.  The Court held that the City of Ontario’s...

POSTED IN Privacy Rights
Consumer Privacy Issues

Consumer Privacy Issues

 

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The Federal Trade Commission’s Sears Holdings Enforcement Action – Developments in Online Behavioral Advertising, Privacy and Social Media Companies engaged in online behavioral advertising – the practice of tracking an individual’s online activities to deliver advertising tailored to the individual’s interests – should review their privacy policies, terms of use and agreements and similar documents against their actual and contemplated...

VIEW ALL POSTS ABOUT: Privacy Rights