Employment Privacy Essay Research Paper Privacy in

Employment Privacy Essay, Research Paper

Privacy in the Workplace Introduction Employers are finding that effectively managing a work force is an increasingly time consuming task. Companies who have grown rapidly and whose creative efforts have been directed at developing products or services rather than implementing effective human resource techniques, often find themselves without uniform or concise policies on a multitude of subjects. This is especially true when companies are not large enough to have readily available legal consul or an experienced personnel administrator. One particular issue that seems to be gaining a lot of attention lately is Privacy in the Workplace. This is primarily due to the competitiveness of business and the advancements of workplace automation (Workplace Privacy, 1998). Many employers now utilize LAN based computer systems, electronic mail, automated phone systems, card access and video systems. Employers now have the capability to monitor, with ease, many of the employee s routines. Employees don t want their privacy infringed upon. However, unless otherwise specifically stated, employers may have the right to monitor such actions. There are few legislative laws and regulations protecting an employee s privacy rights. However, the present laws are not enough to protect an individual. The issue of privacy rights has gained a great amount of attention from the American Civil Liberties Union, Electronic Messaging Association and the Communications Workers of America. Our research paper will evaluate the variation of topics and issues surrounding Privacy in the Workplace. Policy Statement You may be wondering, how can my employer invade my privacy and get away with it. Don t I have rights. In most instances the answer is simply no, you don t. While legislation dictates that law enforcement and other governmental agencies almost always require a form of warrant to search personal property or listen to a private phone conversation, the workplace is different. Employers literally have the right to invade a great amount of your personal space. They literally own the office, the phone, the computer, and, most importantly your time, or in a sense you. An employer can do just about anything to an employee as long as it s not done in a discriminatory manner. It s hard to imagine, as employees, that we have so few privacy rights in the workplace. It s difficult to point out exactly what led to this stage. During the 50s, 60s, 70s, and partial 80s, an employer s value towards their employees was much different. There was a real sense that an employer needed us. During the early 70 s, wages were at an all time high in real dollars. A typical family was able to live on a single income. A lot has since changed. Good paying jobs are no longer easily found. Since 1973, wages alone have slipped dramatically, with the exception of the last 18 months (Workplace Privacy, 1998). An employers and employees relationship has changed dramatically, mainly due to advancements in automation, corporate consolidations, and the markets competitiveness. In addition, employers have outsourced more and more of their jobs in order to avoid benefits, discourage unions, minimize long-term commitments and the ability to, more easily, invade our privacy. Business owners have stated that they need to infringe on their employee s privacy because of the nature of the business. Operating business costs are at an all time high, employers cannot afford to lose any type of employment lawsuit, and the need to protect trade secrets is vital to the success of a business. Employers are under unprecedented pressure to be productive , explains Lewis Maltby, director of the ACLU s Workplace Rights Office. But instead of responding by empowering their workers to be more creative, they ve cracked down with sweatshop techniques. It s just like the 1920s, except by electronic means (Privacy in America, 1998). The laws that employers must follow are few. The Federal Wiretapping Act prohibits employers from deliberately eavesdropping on employee s personal telephone conversation. Video monitoring is illegal, however, can easily be justified as security monitoring at the workplace. Drug testing is legal, however, testing is designed to detect and punish conduct that is usually engaged in off-duty and off the employer s premises; that is, in private. Criminal records are protected under Federal and State Law. An employer can inquire about felony convictions of applicants, and can deny employment upon establishment of a legitimate business purpose. However, an employer, in the state of California, can violate state law if the conviction is not job-related and the policy has a disparate impact upon a protected class. Legislation currently in effect was written without consideration to present technological advances. Present privacy laws have many avenues that an employer can act upon protecting an employer s integrity. An individual must understand that the constitution does not fully apply to the workplace. In the 18th century, when the Bill of Rights was adopted, the government was seen as a major threat to individual rights. Times have changed. Government seems to be less likely to violate individual rights as opposed to an employer violating employee s rights. In order for an individual to assure that his/her rights are not being violated, he/she must understand the issues surrounding their privacy rights. We id