Discussion Topic: In the Real World: Scenario for Discussion
The Lilly Ledbetter Fair Pay Act of 2009 centered on a case in which Ms. Ledbetter discovered documents that revealed discrimination against her that resulted in unequal pay practices. The company argued that the documents were confidential and scheduled for destruction, and that Ms. Ledbetter should not have had access to the information.
What are the issues in this case in terms of document privacy and retention? How could the situation have been prevented in the first place?
Can you make response each posted below # 1 to 2?
1. From: Tyler Cugino posted Jul 21, 2018 10:57 PM
When talking about document privacy and retention, it is referring to documents that are confidential and are only allowed to be seen by certain people. These documents usually contain private employee or employer information. These practices are used by every company in order to keep private information private. In the Lily Ledbetter Pay Act of 2009 centered on the Ms. Ledbetter case, Ms. Ledbetter found and looked at confidential documents about the company using unequal pay practices. She saw this documents and took it to court but the company argued that she should have never seen the documents because they were confidential and were set to be destroyed. The Lilly Ledbetter Fair Pay Act promotes voluntary compliance by employers, responds to workplace realities, and allows employees to assess the validity of their claims.
With this case in mind, the issues of document privacy and retention are that an employee had access to confidential documents and saw them before they were destroyed. The company did not do a good job at keeping their confidential documents private because of this slip up. This could also mean that confidential employee information could be found as well. I feel this situation could have been prevented if the company took better care with protecting their confidential documents. If they would have done a better job at this and only allowed the proper people to view the documents, none of the information would have been brought out. Also, it could have been prevented if the company was not doing illegal things and finding ways to unequally pay people, the documents would have never been found.
2. From: Christina Watson posted Jul 19, 2018 5:21 PM
Hello Professor and class,
A data retention policy helps protect an organization’s data and avoid financial, civil, and criminal penalties that increasingly accompany poor data management practices, as with the case concerning Mrs. Ledbetter. The Lilly Ledbetter Fair Pay Act of 2009 is a federal statute in the United States that was signed into law in 2009. The Act amends the Civil Rights Act of 1964 and states that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action. The law directly addressed Ledbetter v. Goodyear Tire & Rubber Co. (National Women’s Law Center, 2013). The organization in the case with Mrs. Ledbetter allowed confidential information to be released which ended up in her possession. This case emphasizes the importance of following guidelines on records retention and document destruction. If Mrs. Ledbetter was able to obtain this confidential information, what other confidential information may someone else have accessed at this organization? Employee’s personal data may have been at risk of being leaked with the irresponsible record keeping at this organization.
Data retention policies form an important foundation for helping manage an organization’s data. In addition to paper documentation, organizations are increasingly creating and relying upon the use of electronic information. Now organizations may have both paper and electronic documents. Destroying confidential information is not an option, it is a requirement. Companies are obligated to protect the privacy of their employees and clients, and responsible for following state and federal privacy protection laws. Having a secure process for destroying confidential information saves an organization time and money and reduces privacy breach risks. The first step in destroying confidential information is identifying which documents are no longer useful to the organization, or those which the organization are no longer legally obligated to keep. Retention schedules provide a useful benchmark because they clearly define how long documents should be retained and when they should be destroyed. Documents reaching the end of a required retention period should be destroyed after a final review unless they are currently used in litigation processes.
I have held a position in the records retention department for a large organization in which a scheduled framework to ensure proper retention and destruction of their data was implemented and strictly adhered to. This is an ongoing continuous process in which you must have some type of systematic framework in place to help ensure documents are secure, a time frame for retaining those documents, and the document destruction date must be accessible and destruction completed properly and in a timely manner. This process helps ensure the confidentiality of an organization’s records are always secure.