The workshop will focus on practical guidance for employment lawyers on privacy issues affecting LGTBQIA employees. Presenters will start with a discussion on whether federal and state laws protect against the disclosure of employees’s LGBTQIA status. For government employers, the discussion will include whether an employee’s LGBTQIA status qualifies as private medical information under the Fourteenth Amendment’s Due Process Clause. The presenters will then analyze whether Title VII provides protection and also review state law torts including intentional infliction of emotional distress and invasion of privacy. The workshop will then examine employment policies regulating the use of social media or using social media in employment decisions, with a focus on social media posts on LGTBQIA status and/or political support of LGBTQIA rights. It will include key case law and legislative developments regarding the use of social media in hiring decisions through employees discharged for social media use. For government employers, the discussion will include the unique constitutional issues public employers face when employees use social medial to voice their opinions. The presenters will then identify best practices to promote and protect privacy interests.
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