Chapter 12: Workplace Privacy
Federal Laws Affecting Employment Privacy
A cluster of federal laws bears on employment privacy: antidiscrimination laws, benefits laws (HIPAA, COBRA, ERISA, FMLA), and recordkeeping/data laws (FCRA, FLSA, OSHA, NLRA, IRCA), plus the EPPA and electronic-surveillance statutes covered later.
| Law | What it does |
|---|---|
| HIPAA | Privacy/security rules for protected health information held by health insurers, including self-funded plans |
| COBRA | Continued health coverage after termination for certain beneficiaries |
| ERISA | Ensures employee benefits programs are created fairly and administered properly |
| FMLA | Unpaid leave for birth or illness of self/family member |
| FCRA | Regulates consumer reports from CRAs in reference checks and background checks |
| FLSA | Minimum wage and fair-pay standards |
| OSHA | Workplace safety |
| Whistleblower Protection Act | Protects federal employees/applicants from retaliation for whistleblowing |
| NLRA | Collective-bargaining standards; also applies to social media communications |
| IRCA | Employment eligibility verification |
| Securities Exchange Act of 1934 | Disclosures about senior-executive pay; registration for broker-dealers, transfer agents |
Don't confuse the benefits cluster
HIPAA (health info), COBRA (continued coverage), ERISA (benefits administration), and FMLA (unpaid leave) all touch benefits but do distinct things. Exam stems often swap them.
Key terms - quick answers
What is “HIPAA”?
Health Insurance Portability and Accountability Act of 1996; its privacy and security rules regulate protected health information for health insurers, including self-funded health plans.
What is “COBRA”?
Consolidated Omnibus Budget Reconciliation Act; requires qualified health plans to provide continuous coverage to certain beneficiaries after termination.
What is “ERISA”?
Employee Retirement Income Security Act; ensures employee benefits programs are created fairly and administered properly.
What is “FMLA”?
Family and Medical Leave Act; entitles certain employees to unpaid leave for birth or illness of self or a family member.