Workplace Privacy

1
Workplace Privacy

• What Supervisors Need to Know

2
Session Objectives
Recognize key workplace privacy issues Understand
laws and policies concerning workplace
privacy Know how to balance the needs of the
organization to control the workplace with the
privacy rights of employees
3
Workplace PrivacyGeneral Principles

• Privacy and the Constitution
• Workplace privacy and the law

4
Workplace PrivacyGeneral Principles (cont.)

• Expectation of privacy
• Lowering the expectation of privacy

5
Workplace PrivacyGeneral Principles (cont.)

• Balancing employer and employee interests
• Protecting customer confidentiality

6
Electronic MonitoringEmployer Rights

• Protection of legitimate business interests
• Federal and state laws

7
Electronic MonitoringEmployer Rights (cont.)

• Monitoring in the ordinary course of business
  is legal
• Get employee consent

8
Electronic MonitoringPolicy

• Systems belong to organization
• Right to monitor
• Disclosure rules
• Implied consent

9
Electronic MonitoringTelephones

• Business conversations
• Personal calls?
• Voice mail
• Notice of monitoring

• Business conversations
• Personal calls?
• Voice mail
• Notice of monitoring

10
Electronic MonitoringInternet and E-mail

• Notice of monitoring
• Inappropriate use

11
Electronic MonitoringInternet and E-mail

• Inappropriate use subject to discipline
• Limiting access

12
Electronic MonitoringVideo Surveillance
Location of cameras Security of viewing equipment
and tapes Notice of surveillance Expectation of
privacy Accompanying audio
Location of cameras Security of viewing equipment
and tapes Notice of surveillance Expectation of
privacy Accompanying audio
13
Electronic Monitoring True or False?
Employers have an absolute right to monitor all
employees electronic communications. Video
surveillance cameras may be placed anywhere in
the workplace. Employers have the right to
monitor employees use of the Internet. Employees
must give written consent for phone and e-mail
monitoring.
14
Electronic Monitoring Review

• Do you understand
• Privacy rights and the law?
• Our electronic monitoring policies?
• Monitoring of telephones, e-mail, and Internet
  use?
• Video surveillance?

15
Security Searches

• Physical searches
• Personal property

16
Security Searches (cont.)

• All business property
• Mail
• Evidence of criminal activity

17
Employee Polygraph Protection Act

• You cant discipline based on results alone
• You cant use another employers test results
• You can request a test for good cause

18
Lie Detector Tests

• Advance written notice
• Summary statement
• Notice of right to refuse to take the test
• Review of questions to be asked
• Notice of right to terminate
• Copy of test results

• Advance written notice
• Summary statement
• Notice of right to refuse to take the test
• Review of questions to be asked
• Notice of right to terminate
• Copy of test results

19
Background Checks

• Up to 50 lie on résumés and applications
• Laws protect rights to privacy
• Get a release for reference checks
• Outside agencies may be used

• Up to 50 lie on résumés and applications
• Laws protect rights to privacy
• Get a release for reference checks
• Outside agencies may be used

20
Background Checks (cont.)

• Educational credentials
• Driving records
• Confidentiality

21
References Requests

• Policy considerations
• Written authorization
• Objective, job-related issues only

22
Drug and Alcohol Testing

• When to test
• Samples
• Results

23
Employee Medical Information

• Confidentiality
• Security
• Need to know

24
HIPAA Privacy Rules

• Healthcare information cannot be disclosed
  without permission
• Employers should cooperate with healthcare
  providers

25
Customer Confidentiality

• Limited access to customer information
• Adequate security

26
Employee Privacy You Be the Judge
Co-worker tells supervisor that employee has been
smoking marijuana on the job. Supervisor searches
employees workstation and locker and finds no
drugs. Supervisor orders drug test anyway. Did
supervisor make the right decision?
27
Employee Privacy You Be the Judge (cont.)
No. The drug test was not supported by a
reasonable suspicion or hard evidence of drug use
on the job.
28
Employee and Customer Privacy Review

• Do you understand
• Requirements for workplace searches?
• Rules governing polygraph tests?
• Background and reference check procedures?
• Drug and alcohol testing requirements?
• Protection of employee medical information and
  confidential customer information?

29
Key Points to Remember
We have the right to control and protect the
workplace for legitimate business reasons We may
monitor employee activities, conduct workplace
searches, make background checks on employees,
and require drug and alcohol testing These
actions must be balanced with employees right to
privacy