Creative Services, Inc. Resource Center - Laws

Resource Center

Laws

Age Discrimination in Employment Act of 1967 (ADEA)
The purpose of this act is to promote employment of persons based on their ability rather than age and to prohibit arbitrary age discrimination in employment.
 www.eeoc.gov/policy/cra91.html

Americans with Disabilities Act (ADA)
The purpose of this act is to provide clear, consistent and enforceable standards geared towards the elimination of discrimination against individuals with disabilities based on assumptions not indicative of individual ability; to assure equality of opportunity, independent living and economic self-sufficiency.                                                                                                                                                               www.eeoc.gov/policy/cra91.html

California AB 1950
This bill requires specified businesses to use safeguards to ensure the security of Californians’ personal information. It does not apply to businesses that are subject to other information security laws, such as the federal financial and medical information security rules and the CMIA.
www.privacy.ca.gov/leg%202004.htm

California Investigative Consumer Reporting Agencies Act (ICRA)
(Civil Code Section 1786, AB 655 & AB 1068)
In an effort to combat the increasing crime of identity theft, this act governs the use of consumer reporting agency information, as used for pre-employment screening, by California employers and outlines guidelines above and beyond the scope established by the FCRA. California significantly modified the federal provisions.
http://www.privacy.ca.gov/icraa.htm

California SB 1386
This bill states parties must disclose any breach of the security of personal data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
info.sen.ca.gov/pub/01-02/bill/sen/sb_1351-1400/sb_1386_bill_20020926_chaptered.html

Canadian Privacy Act
The purpose of this act is to protect the privacy of individuals and to provide individuals with a right of access to personal information about themselves.
www.priv.gc.ca/legislation/02_07_01_01_e.cfm

Civil Rights Act of 1964 (Title VII)/Civil Rights Act of 1991
The original act prohibits employment discrimination based on race, color, religion, sex and national origin and established the Equal Employment Opportunity Commission. The amended act provides for appropriate remedies for intentional discrimination and unlawful harassment in the workplace.
www.eeoc.gov/policy/cra91.html

Credit Legislation Pending (National Conference of State Legislatures)
Charts listing introduced or pending state legislation relating to the use of credit information in employment.
www.ncsl.org/?tabid=22043

Data Disposal Laws (National Conference of State Legislatures)
Several states provide laws that govern the disposal of personal data held by businesses and/or government.  
www.ncsl.org/default.aspx?tabid=21075

Data Protection Act 1998 (United Kingdom)
The purpose of this act is to protect the privacy of individuals and their personal information.                 http://www.legislation.gov.uk/ukpga/1998/29/contents

Driver Privacy Protection Act (DPPA)
The DDPA is a 1997 federal law that regulates to whom and for what purposes the State Department of Motor Vehicles (DMVs) release and share information in DMV records, and how a recipient of DMV records can share information.
http://www.transportation.wv.gov/dmv/Manuals/Documents/DMV-OptIn-Brochure.pdf

Electronic Signatures in Global and National Commerce Act (ESIGN)
The purpose of this act is to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically.
www.ftc.gov/os/2001/06/esign7.htm

Fair Credit Reporting Act (FCRA)
This act requires consumer reporting agencies and all users of information obtained from these agencies to adopt procedures which are fair and equitable to the consumer with regard to notification, confidentiality, accuracy, relevancy, proper utilization and disclosure, and establishes consumer recourse procedures if denied employment as a result of same.
www.ftc.gov/os/statutes/fcradoc.pdf 

Fair and Accurate Credit Transactions Act of 2003 (FACTA)
FACTA was designed to help reduce identity theft and help victims recover. The provision requires the three major credit reporting agencies to provide consumers with a free copy of their own credit report once every 12 months. This allows consumers to discover and correct errors in their credit records and assure that accounts have not been fraudulently opened in their names.            http://www.fdic.gov/news/news/financial/2004/fil13004.html

FACTA Disposal Rule
Enacted in June 2005, this rule requires businesses and individuals to take appropriate measures to dispose of sensitive information derived from consumer reports. Standards for disposal are flexible and can be determined by the businesses and individuals subject to the rule, based on sensitivity of information, costs and benefits of different disposal methods and changes in technology, but must reasonably prevent unauthorized access or use of the information contained in the consumer report.
http://www.ftc.gov/opa/2005/06/disposal.shtm

Gramm-Leach-Bliley Act (GLBA)
Also known as the Financial Service Modernization Act of 1999, the basic provision of GLB is protecting the privacy of consumer information. GLB requires companies to give consumers privacy notices that explain their information-sharing practices and to establish administrative, technical and physical safeguards to insure the security and authorized disclosure of the information.
www.ftc.gov/privacy/glbact/glbsub1.htm

Health Insurance Portability & Accountability Act of 1996 (HIPAA)
Also known as the Kennedy-Kassebaum Act, this act sets forth new protections for employees and their families with pre-existing medical conditions and prohibits discrimination based on health status, thereby assuring the portability of health insurance. It also establishes requirements for the efficient standardization and simplification of patient data and for the guaranteed privacy and confidentiality of patient identifiers and medical records, protecting such from inappropriate and unauthorized uses and disclosures.
www.hhs.gov/ocr/privacy/

Negligent Hiring Doctrine
Though not a federal law, this doctrine is legally recognized by nearly 75% of the states and is established through case law. An action for negligent hiring, retention or supervision may be advanced, and liability on the employer imposed, if it can be shown that the employer knew, or should have known through the course of reasonable investigation at the time of hiring, that the employee posed a threat of injury to others.

Sarbanes-Oxley Act
Also known as the Public Company Accounting Reform and Investor Protection Act of 2002, SOX or Sarbox requires that public companies evaluate and disclose the effectiveness of their internal controls relating to financial reporting and created the Public Company Accounting Oversight Board (PCAOB).
www.sec.gov/about/laws/soa2002.pdf 

USA PATRIOT Act (USAPA)
Also known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, this act increases the surveillance and investigative powers of law enforcement agencies.
http://www.justice.gov/archive/ll/highlights.htm