This month, Jon Vegosen briefs us on important legal developments concerning sexual harassment via text messaging and the Genetic Information Nondiscrimination Act.
“Textual Harassment”
The issue of whether employers may review employee text messages is a hot topic, especially in the context of sexual harassment litigation. Indeed, sexually harassing text messages are now referred to as “textual harassment,” and there has been litigation about whether employers may access employees’ text messages.
Some lower court decisions interpreting the Stored Communications Act have indicated that employers may not retrieve data (including text messages) from employees’ personal electronic accounts, even when employees access them through their employers’ equipment. On December 14, 2009, the United States Supreme Court entered the picture. It agreed to decide whether the Ontario, California Police Department violated the constitutional right of privacy of an employee by inspecting personal text messages that were sent and received on a government-owned pager.
Although the Court may only decide the rights of a public employer to review an employee’s messages, legal observers are hoping the Supreme Court’s ruling will contain broader insights about the Court’s views about privacy and the Internet, including the right of private employers to review text messages.
Stay tuned.
“GINA” Protects Employees’ Genetic Information
The Genetic Information Nondiscrimination Act (“GINA”), which took effect for health insurance plans in May, 2009, went into effect on November 21, 2009 for all employers with at least 15 employees.
Among other things, GINA prohibits employers from discriminating against an individual because of his or her genetic information, or because of his or her refusal to disclose such information. GINA also restricts employers from requesting, requiring or purchasing genetic information of employees or their family members.
Interim final regulations released on October 7, 2009, will apply for plan years commencing on or after December 7, 2009. For more information about GINA and its Illinois counterpart (“GIPA”), see our January 2009 newsletter.
Jon Vegosen is a founding member of Funkhouser Vegosen Liebman & Dunn Ltd. and has more than 33 years experience practicing law. He is nationally recognized for his work in labor and employment relations and is sought after as an author and spokesperson on labor and employment issues.
Tags: employee genetic info, employment law, Funkhouser Vegosen Liebman & Dunn, FVLD, Genetic Information Nondiscrimination Act, GINA, Jon Vegosen, law, Legal, Sexual Harassment, textual harassment
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