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25 Cards in this Set
- Front
- Back
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are granted (if at all) by specific laws, rules, or regulations. |
Privacy Rights |
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That means employers are generally not permitted to disclose personnel records to third parties without a legal obligation to do so or the employee’s permission |
Personnel Records |
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With the increase in identity theft, various statutory laws have been enacted to protect the privacy of this. |
Social Security Numbers |
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There are extensive anti-eavesdropping laws that prohibit tapping into or listening to telephone conversations, voicemail systems, and electronic communications systems |
Monitoring and Eavesdropping |
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This information about an employee must be kept separate from other employee records and access to it is severely restricted. The information is expected to be kept confidential between the company and the employee |
Medical Record |
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Employers who conduct this testing are required to maintain the confidentiality of the test |
Drug Testing |
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Employers who require background checks as part of the hiring or employment process are required to maintain the confidentiality of the background information received |
Background Screening |
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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 |
Employee Surveillance |
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Employers are generally free to set reasonable guidelines concerning neatness, dress, appearance, and hygiene |
Personal Appearance |
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In most states, employers may discipline or terminate employees for this that might embarrass the company or disrupt its operations, though some methods of obtaining information about off-duty conduct may infringe on privacy rights |
Off-Duty Behavior |
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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 |
Drug and Alcohol Testing |
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The federal Polygraph Protection Act protects most American workers from taking this test as a condition of employment or continued employment |
Lie Detector Test |
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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 had a reasonable expectation of privacy. Public employees enjoy constitutional protections that guard against many kinds of searches |
Psychological and Personality Test |
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Employers can lower the threshold of what is considered reasonable by developing a clear policy addressing workplace privacy issues and communicating the policy to their employees |
Only a reasonable Expectation |
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4 Common-Law Privacy Claims |
- Intrusion into an individual’s private solitude or seclusion - Public disclosure of private facts - Portraying an individual in a false light - Use of an individual’s name or likeness |
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An employee may allege this form of privacy invasion when an employer unreasonably searches (e.g., a locker or desk drawer) or conducts surveillance in areas in which an employee has a legitimate expectation of privacy (e.g., dressing rooms). An employer’s improper questioning of an employee (e.g., sexual habits or orientation) may also give rise to this type of claim |
Intrusion into an individual’s private solitude or seclusion |
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An employee may claim this form of privacy invasion when an employer publicly discloses private and, arguably, embarrassing facts about an employee to a wide audience without his or her permission |
Public disclosure of private facts |
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Under this theory, if an employer attributes a false or offensive conduct or characteristic to an employee that is not true (e.g., criminal activity), the employee may claim invasion of privacy |
Portraying an individual in a false light |
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When an employer uses an employee’s photograph or likeness, or attributes specific statements to an employee without his or her permission, an individual may have a valid misappropriation claim (e.g., the employer publishes an employee’s photograph or likeness on company brochures without first obtaining the employee’s consent) |
Use of an individual’s name or likeness |
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In this age of digital communications, tension may sometimes ensue on an employee’s use of social networking media for private purposes while on company time and resources |
Using Social Media |
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4 Elements of Social Networking |
- the structure of the organization - the information technology systems - the formal code of conduct for employees - the trust relationships in the workplace. |
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Under this setup, employees clearly have no chance at all to do social networking sites while at work. |
Information Technology System |
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Some companies only allow their top managers to engage in social networking; the rest are prohibited from doing so. Hence, power and hierarchy within an organization determine who may be allowed to do social networking at work |
Organizational Structure |
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Some companies follow formal rules, such as a documented manual for employee conduct that particularly specify the use of social networking at work |
Code of Conduct |
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For certain companies with a corporate culture built on trust, managers highly put confidence in the work of their employees. Thus, such managers do not mind if their employees sometimes engage in social networking while at work, as long as the expected deliverables are turned in properly and timely |
Trust Relationship |
