Employee Rights to Privacy

Employee privacy has become a greater concern as more and more employees have turned to the Internet and other electronic media to communicate both on and off the
Tags: Employee Privacy

Many of the basic rights we take for granted are not protected when we go to work. The ACLU continues to fight for employee privacy by challenging how those rights are violated by employers through workplace surveillance, unwarranted drug testing, and “lifestyle discrimination.” Employers have a legitimate interest in monitoring work to ensure efficiency and productivity. But employee surveillance often goes well beyond legitimate management concerns and becomes simple spying in furtherance of no legitimate business interest. Electronic monitoring of employees is an area where we have seen the emergence of especially intrusive and unprecedented levels of workplace surveillance. Any monitoring of employees should be narrowly tailored in time, place, and manner, and it should be transparent to employees (unless the employer is conducting an investigation based on substantial evidence of misconduct). Even permitted intrusions should not be used in a way that creates an atmosphere of pervasive surveillance or intimidation.

Employee privacy rights encompass an employee’s personal information and activities at work. Companies in the private sector, and not working on a government contract, do have some legal ...

Can an employer read employee email? Search an employee's workspace or bag? Monitor what employees say on the phone -- or what they post on Facebook or Twitter?