Week 1 Project

Privacy Rights in the Workplace

The courts and our legislative bodies have made it clear that employees do possess certain protections from invasions of privacy in the workplace. However, employees have no expectation of privacy in some areas, such as use of computers and communication equipment.

Surveillance and eavesdropping by an employer are generally permitted in the workplace. The employer has the right to know if employees are spending their time working rather than surfing the Internet or are practicing good customer service skills. Employers should inform employees in writing that there should be no expectation of privacy where computers and telephones are concerned.

Requests for information from third parties, particularly a request for a reference on a former or current employee, are extremely common in business. In general, communications between former or current and prospective employers are considered privileged as long as the information provided is true.

Employee medical information is considered extremely private and is awarded the highest level of protection from invasion of privacy. The Federal Health Insurance Portability and Accountability Act (HIPAA) requires that organizations restrict access to protected health information (PHI) and imposes significant penalties for release breaches.

Drug testing by private companies has been repeatedly upheld as a legally permitted activity. Ideally, businesses will have a drug testing policy in place and it will be signed by each employee prior to attempting to enforce a drug screening or take employment action based on the results of a drug screening.

Personnel files should be kept as confidential records. Only “need to know” access should be granted to employee records. In general, employees do have the right to access their personnel files during and after employment.

Link to Resource Review the following link to learn more. Your Health Information Privacy Rights  opens in new window Employee Privacy Review each tab to learn more. Surveillance and Eavesdropping

Presents information about employee privacy.

Employers have the right to surveil (observe behaviors) and eavesdrop (listen to conversations) if for a proper purpose and if the right is disclosed to employees in advance, such as in a policy statement.

Monitoring and Reviewing Computer Information and Use

Presents information about employee privacy.

Employers have the right to monitor and review the use of employer-owned computers. Employees should be put on notice that there is no expectation of privacy when using employers' technology.

Requests for Information from Third Parties

Presents information about employee privacy.

References given to prospective employers of a former or current employee are protected by qualified privilege unless information is provided with a malicious intent.

Requests for Medical Information

Presents information about employee privacy.

Disclosure of protected health information is allowed only under the strict guidelines provided in the Federal Health Insurance Portability and Accountability Act (HIPAA) (1998).

Drug Testing

Presents information about employee privacy.

Drug testing is permitted if a substance abuse policy is in place to provide notice to employees. The Federal Drug-Free Workplace Act (1988) mandates drug testing for employers receiving federal funding.

Personnel File Access

Presents information about employee privacy.

Access to an employee's personnel file should be limited to human resources and legal department employees, direct supervisors, and senior management. In general, employees have access rights to their own personnel files.

Additional Material

From your course textbook, Employment and Labor Law, read the following chapter:

• Employee Privacy Rights in the 21st Century