31511230/0403 © 2004 business & legal reports, inc. blrs training presentations privacy issues...

31511230/0403 © 2004 Business & Legal Reports, Inc.

BLR’s Training Presentations

Privacy Issuesin the Workplace


Goals

Recognize key workplace privacy issuesUnderstand company policies related to

workplace privacyKnow how to balance the company’s need

to control the workplace with employees’ right to privacy


Workplace Privacy: General Considerations

Privacy in the workplace and the law

Expectation of privacy


Workplace Privacy: General Considerations (cont.)

Lowering the expectation Balancing employer

and employee interests Protecting customer

confidentiality


Electronic Monitoring: Employer Rights

Protection of legitimate business interests

Federal and state law Exceptions to the law Cautions


Electronic Monitoring: Policy

Company property Right to monitor Disclosure Implied consent


Electronic Monitoring: Telephones

Conversations Personal matters Voice mail Notice of monitoring


Electronic Monitoring: Internet and e-mail

Notice Inappropriate use Limiting access


Electronic Monitoring: Video Surveillance

Location of cameras Security of viewing

equipment and tapes Notice of surveillance Expectation of privacy Accompanying audio


Electronic Monitoring: Case Study

Employee complaint Co-worker viewing pornographic

websites at work Also sending sexually explicit e-mailsSupervisor consults HR Management decides to monitor

employee’s e-mail and Internet use


Case Study: Comment

If system is maintained by the company…

If system is maintained by an outside provider…

Obtaining consent


Security: Searches

Physical searches Personal property Searching desks,

lockers, etc. Mail Evidence of

criminal activity


Security: Lie Detector Tests

Written advance notice Statement summarizing incident being

investigated Notice of right to refuse to take the test Review of questions to be asked Notice that test may be terminated by

employee Copy of test results


Background Checks

Reference checks Reports by outside

investigators


Background Checks (cont.)

Education and licenses Driver’s records Confidentiality


Responding to Requests for References

Company policy Written authorization Objective job-

performance issues


Drug and Alcohol Testing

When to test Samples Results


Drugs and Alcohol: Case Study

Report of illegal drug use on company premises

Supervisor conducts a search No drugs found Supervisor orders drug test


Case Study: Comment

Drug test not supported by reasonable suspicion

Basis for reasonable suspicion


Confidential Employee Medical Information

Security Need to know Employee rights HIPAA Privacy Rule


Protecting Customer Confidentiality

Limited access Adequate security


Workplace Privacy Checklist

Explain the company’s electronic monitoring policy

Make sure employees understand that e-mail and voice mail may be monitored

Advise employees that telephones are for company business only

Warn employees about Internet use


Workplace Privacy Checklist (cont.)

Advise employees that work areas may be searched

Be careful when conducting searches Make sure employees understand the

substance abuse policy Administer drug and alcohol testing in

compliance with the law


Workplace Privacy Checklist (cont.)

Protect confidential medical informationUse caution with background checks Obtain written authorization before giving

referencesProtect customer confidentiality


Goals

Recognize key workplace privacy issuesUnderstand company policies related to

workplace privacy Know how to balance the company’s need

to control the workplace with employees’ right to privacy


Summary

The company has a legitimate right to control the workplace in an effort to prevent theft of valuable property, protect safety, ensure business resources are being used solely for business purposes, etc.

To achieve these important goals, we may need to monitor employee activities, require employees to submit to drug testing, or even make workplace searches


Summary (cont.)

But these actions must be balanced by a concern for the privacy of employees and compliance with the laws governing workplace privacy

By balancing these interests, we not only build a more respectful and productive working relationship with employees, but we also avoid costly and needless litigation of employee privacy claims


Quiz

1. The basic question concerning workplaceprivacy is: How do you balance the employer’s right to ________________ with the employee’s right to ____________?

2. The explosion of workplace technology has brought privacy issues into sharper focusin recent years. True or False

3. Give an example of an employee’s reasonable expectation of privacy in the workplace.


Quiz (cont.)

4. How can employers lower the expectation of privacy to accommodate their need to control the workplace and prevent theft, violence, etc.?

5. Federal and state laws allow employers to monitor company telephones at any time for any reason.

True or False

6. Employers may monitor telephone calls and Internet use, but privacy laws say they cannot read employees’ e-mail or listen to their voice mail.

True or False


Quiz (cont.)

7. Identify two key privacy issues concerning video surveillance of employees.

8. Employers may search an employee’s desk, locker, or files only with the employee’s express consent.

True or False

9. When responding to requests for references for employees or former employees, what three things should you do?


Quiz (cont.)

10. If you were searching an employee or an employee’s personal property (such as a purse or briefcase), you should ask the employee to empty his or her pockets or personal property rather than doing so yourself. True or False


Quiz Answers

1. The basic question concerning workplace privacy is: How do you balance the employer’s right to control the workplace with the employee’s right to privacy.

2. True. Electronic monitoring, for example, raises many difficult privacy issues.


Quiz Answers (cont.)

3. Employees would have a reasonable expectation of privacy in a locker room or bathroom, for example. Video surveillance in such places would be an invasion of privacy.

4. Employers can use policies and written notices to lower expectations of privacy. This warns employees about the degree of privacy they can expect.



5. False. The laws generally only allow monitoring in the ordinary course of business for a legitimate business purpose, such as ensuring quality of customer service or preventing the disclosure of trade secrets.

6. False. If the company owns and operates the voice mail and e-mail systems and warns employees that messages may be monitored, it can legally read and listen to these messages.



7. Privacy issues include the location of cameras in appropriate areas of the facility, the security of video viewing equipment and tapes to prevent unauthorized viewing, and notice of surveillance.

8. False. Employers have the right to search company property and company premises for reasonable cause.



9. When giving references, follow company policy, get written authorization from the employee, and limit your comments to objective job-performance issues.

10. True. Never touch an employee during a searchor empty the contents of an employee’s briefcase, purse, backpack, vehicle, etc., yourself.

31511230/0403 © 2004 business & legal reports, inc. blrs training presentations privacy issues...

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