Federal and state laws provide for
protection against
invasion of privacy by employers. Most states recognize
an employee’s
"right to privacy"
which the employer may not invade.
Government employees
- Employees of government agencies are more privileged
regarding privacy rights than their counterparts in
the private sector. They have the protection of the
United States Constitution that prohibits federal,
state or local governments from conducting unreasonable
searches and seizures. Public employees have a legitimate
right to privacy until and unless the employer has
reasonable and genuine reason for conducting a search
or inquiry.
Private employees
- Employees in the private sector are less privileged
when it comes to privacy rights. Some states recognize
the legitimate privacy expectations of private sector
employees. However, they offer no guarantee of protection
against reasonable searches of belongings, or against
monitoring electronic mail and computer input and
transmissions.
However, laws also limit privacy rights that may
otherwise exist under common law. Company policies,
to the extent permitted by law, likewise may increase
or reduce expectations of privacy.
Courts have created a standard law that allows the
employee to sue the employer for invasion of privacy.
It basically covers four factors:
 |
Privacy rights: intrusion - The employee
has the right to be left alone, and there should
be no unwanted or unreasonable intrusion into
his/her personal space. This right can conflict
with searches and monitoring activities. |
|
Privacy
rights: private affairs - Unwanted or unreasonable
publicity regarding the employee’s private
life or affairs, or disclosure of personal or
medical information. |
|
Privacy
rights: defame - For example, publicity
or the release of misleading or inaccurate information
by the employer that defames the employee and
puts him/her in a false light before the public. |
|
Privacy
rights: appropriation of name - Misuse
of an employee’s name or likeness without
consent, for the benefit of another. |
Not all states recognize a common law right to privacy.
Some states recognize some of the four privacy elements,
but have rejected or not ruled on others. It is better
to consult an attorney regarding the privacy law in
the employee’s state, and to determine whether
or not the employer has illegally invaded privacy.
