HRM 630 - Week Four Assignment - “Examination of the Privacy Act of 1974 and its Effect on Federal Employment”

Brian Brillo

National University - HRM 630: Legal, Ethical and Safety Issues in Human
Resource Management

July 29, 2010

Abstract

This paper is an examination of the Privacy Act of 1974, which includes research of the history, relevancy, strengths, weaknesses, and current trends of the process, and examples of current challenges with the Privacy Act within Federal employment. This paper is influenced by the theories and readings for Week Four of the Legal, Ethical and Safety Issues in Human Resource Management (HRM 630) Course.

The comparisons set forth within this paper will include theories found in …show more content…

In order to fully understand how such violations could be proven, we turn to the case of NAGE, Local R5-136 and Department of Veterans Affairs, 103 LRP 2521 (FLRR 2002). In the NAGE, Local R5-136 case, the grievant claimed the Agency received medical documentation directly from the employee’s physician on three occasions. As such, she deemed it to be a Privacy Act violation. Upon determining the decision on the arbitration, the arbitrator took a look at the following requirements of proof for the Grievant: “1. that the agency failed to elicit the information directly from the claimant to the greatest extent practicable; 2. the violation was intentional and willful” and lastly, that “3. the Agency’s action had an adverse effect on the claimant". (NAGE v. VA, 2002). After review of the evidence