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Biometrics in the Workplace

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Biometrics refers to physiological characteristics that can be used to identify people ranging from fingerprints, to retina recognition, and from speech recognition to electro-physiologic characteristics such as heart or brain waves. Employers have begun to use biometric characteristics to identify employees and control access to premises, computer systems and even vehicles. Employees who object to the use of their biometric data have begun to bring claims based on a variety of legal theories, and some states have passed legislation limiting employers in their ability to capture and use such data. This CLE session will address: (1) what are biometrics; (2) how are they being used in the workplace; (3) what types of claims have employees been able to assert; and (4) what statutory claims are emerging.

Lecturer Bios

Jeffrey I. Pasek, Esq.

Jeffrey I. Pasek is a member of Cozen O'Connor and a former chair of the firm's Labor & Employment Group. He concentrates in representing management in all facets of labor and employment law such as litigation and counseling on wrongful discharge and employment discrimination claims, maintaining a union-free environment, collective bargaining, occupational safety and health, whistleblower claims, wage and hour, affirmative action compliance, workplace torts and employee benefits litigation.

Called upon regularly as a course planner and speaker in continuing legal education programs, Jeff has served as a speaker on labor and employment law and on legal ethics for such groups as the Pennsylvania Bar Institute, the American Arbitration Association, the University of Pennsylvania Law School Center of Professionalism, and the American Bar Association Labor and Employment Law Section. On behalf of the ABA Labor and Employment Section Committee on Equal Employment Opportunity Law, Jeff served as regional liaison and helped train lawyers and investigators from the Equal Employment Opportunity Commission.

He is active in the Pennsylvania Chamber of Business and Industry, where he has served as a member of the executive committee of the board of directors, and chairman of the Industrial Relations Committee, Government Affairs Committee, and Candidate Selection Committee of the Chamber’s PAC. He has been selected as a Pennsylvania "Super Lawyer" by his peers each year since 2005, appearing in Philadelphia magazine and Pennsylvania Super Lawyers. Jeff was also named to the 2008 edition of The Best Lawyers in America.

Jeff is the author of numerous articles, including "Corporate Investigations: Their Hidden Traps…And How to Avoid Them," The Corporate Counselor (2003); "Crisis Management: Human Resource Issues Before and After Catastrophe Strikes," HR Magazine (2002); "Competing in the Information Age: Protecting Your Company Against Unfair Competition," Human Resources Emerging Trends and Hottest Issues, Pennsylvania Chamber of Business and Industry Educational Foundation (1999); "Religion in the Workplace," Human Resource Professional, Vol. 10, No. 1 (Jan./Feb. 1997); "Risks Associated With Hiring Independent Contractors," Philadelphia Construction News, Vol. 17, No. 64 (Oct. 27, 1993); "Compliance By the Private Sector with the Americans with Disabilities Act," Pennsylvania Bar Quarterly (1991); "The New Immigration Law: What a General Practitioner Needs to Know," Pennsylvania Bar Quarterly (1987); "Violence as an Unfair Labor Practice," Human Resources Commentator (1985); "Employment Discrimination," Lawyer to Lawyer Video Course, Pennsylvania Bar Institute (1983); "Statistics: The Name of the Game in EEO Cases," Pennsylvania Chamber of Commerce (1980). From 1998-2002, he co-edited a chapter on Religious Discrimination in Lindholm & Grossman, Employment Discrimination Law published by the Bureau of National Affairs. Jeff also authored chapters on Employment Law and Employment Practices Liability Insurance in @Risk Version 2.0 – The definitive guide to legal issues of insurance and reinsurance of Internet and e-commerce and cyber perils, R. Hammesfahr editor © 2002, Reactions Publishing Group Ltd., London.

Jeff is admitted to practice in Pennsylvania, New Jersey and New York, and has tried cases and argued appeals in the federal courts throughout the United States, including before the U.S. Supreme Court.

Jenny R. Goltz, Esq.

Jenny represents management’s labor and employment interests for a diverse client base of employers in the finance, higher education, health care, and manufacturing industries, among others.

Jenny defends employers in a wide variety of employment litigation, including discrimination matters, wage and hour class action litigation, restrictive covenant disputes, and wrongful termination actions in both state and federal court. She also regularly handles charges and lawsuits before administrative agencies. She also has experience defending employers in labor arbitrations. In addition to her litigation practice, Jenny regularly counsels employers regarding compliance matters arising under state and federal laws including the Fair Labor Standards Act, the Family Medical Leave Act, the WARN Act, state wage and hour laws, Title VII, the Americans with Disabilities Act, and various federal and state civil rights laws. Jenny also handles traditional labor matters for employers, including labor arbitrations and unfair labor practice charges. She regularly tries cases in arbitration, administrative hearings, and in court.

Jenny is on the firm’s Technology Committee and one of the chairs of the Labor & Employment Department’s Innovation Committee. She is chair of the planning committee for the American Bar Association Annual Symposium on Technology in the Workplace. Jenny earned her undergraduate degree from the University of Michigan and her law degree, magna cum laude, from the University of Illinois at Urbana-Champaign.

CLE is voluntary for Michigan attorneys. To view our full accreditation details, please click here.

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