Category Archives: Privacy Rights

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

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, and I also don’t want to do so by mistake. Answer→

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

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 expensive to redo all of our marketing materials, can we ignore her request? Answer→

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

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 required to submit to background checks in order to retain their jobs. The Court stated that the reasonableness of the government’s inquiries and the privacy protections in place meant that the background checks did not violate a “constitutional right to informational privacy.” The practical implications of this decision are discussed in the last section of this article. Answer→

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

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? Answer→