You should know the privacy laws that protect your employees. Here is a brief overview of some of the issues that need to be considered in managing employees.
Employee Surveillance
Employers should carefully research local employee privacy laws. While the Federal
Electronic Communications Privacy Act provides some protection for workers, the types
of monitoring that may be conducted vary widely from state to state. Check the
law in your state before beginning
telephone, camera, computer, or any other type of electronic monitoring.
Personal Appearance
Employers are generally free to set reasonable guidelines concerning neatness, dress,
appearance, and hygiene. However, such codes are always in danger of legal attack,
usually on the grounds that they are discriminatory or violate a person's right to
privacy. In some states, employers requiring uniforms may be required to supply or
compensate employees for the uniform. Check the
law in your state before setting guidelines.
Off-Duty Behavior
In most states, employers may discipline or terminate employees for off-duty behavior
that might embarrass the company or disrupt its operations, though some methods of
obtaining information about off-duty conduct may infringe on privacy rights. Some
states, such as Michigan and Illinois, restrict employers from gathering information
regarding an employee's off-duty behavior.
Check the law in your state before
taking any action against an employee.
Drug and Alcohol Testing
The Supreme Court has upheld an employer's right to test employees for drugs and alcohol.
However, some state and local governments have passed laws prohibiting testing, and
the subject is always bound to raise privacy law issues.
Check on the laws in your
state before planning a testing policy.
Lie Detector Tests
The federal Polygraph Protection Act
protects most American workers from taking a lie
detector test as a condition of employment or continued employment. In many states,
however, the law does not apply to applicants in law enforcement agencies, persons
in sensitive positions relating to national security, or applicants in drug
manufacturing and distributing.
Psychological and Personality Tests
Federal law does not prohibit an employer from requiring an employee or prospective
employee to take a psychological or personality test. However,
check the law in your
state before requiring any candidate or existing employee to take such a test.
Searches
Private employers may generally conduct on-premises searches of employer-owned vehicles,
equipment, desks, lockers, briefcases, and other items. In most states, searches of
an employee's personal items may be legal if the employee has a reasonable
expectation of privacy. Public employees enjoy constitutional protections that
guard against many kinds of searches.
