1. 31511230/0403 © 2004 Business & Legal Reports, Inc. BLRs Training Presentations Privacy Issues in the Workplace

2. 31511230/0403 © 2004 Business & Legal Reports, Inc. Goals Recognize key workplace privacy issues Understand company policies related to workplace privacy Know how to balance the companys need to control the workplace with employees right to privacy

3. 31511230/0403 © 2004 Business & Legal Reports, Inc. Workplace Privacy: General Considerations Privacy in the workplace and the law Expectation of privacy

4. 31511230/0403 © 2004 Business & Legal Reports, Inc. Workplace Privacy: General Considerations (cont.) Lowering the expectation Balancing employer and employee interests Protecting customer confidentiality

5. 31511230/0403 © 2004 Business & Legal Reports, Inc. Electronic Monitoring: Employer Rights Protection of legitimate business interests Federal and state law Exceptions to the law Cautions

6. 31511230/0403 © 2004 Business & Legal Reports, Inc. Electronic Monitoring: Policy Company property Right to monitor Disclosure Implied consent

7. 31511230/0403 © 2004 Business & Legal Reports, Inc. Electronic Monitoring: Telephones Conversations Personal matters Voice mail Notice of monitoring

8. 31511230/0403 © 2004 Business & Legal Reports, Inc. Electronic Monitoring: Internet and e-mail Notice Inappropriate use Limiting access

9. 31511230/0403 © 2004 Business & Legal Reports, Inc. Electronic Monitoring: Video Surveillance Location of cameras Security of viewing equipment and tapes Notice of surveillance Expectation of privacy Accompanying audio

10. 31511230/0403 © 2004 Business & Legal Reports, Inc. Electronic Monitoring: Case Study Employee complaint Co-worker viewing pornographic websites at work Also sending sexually explicit e-mails Supervisor consults HR Management decides to monitor employees e-mail and Internet use

11. 31511230/0403 © 2004 Business & Legal Reports, Inc. Case Study: Comment If system is maintained by the company… If system is maintained by an outside provider… Obtaining consent

12. 31511230/0403 © 2004 Business & Legal Reports, Inc. Security: Searches Physical searches Personal property Searching desks, lockers, etc. Mail Evidence of criminal activity

13. 31511230/0403 © 2004 Business & Legal Reports, Inc. Security: Lie Detector Tests Written advance notice Statement summarizing incident being investigated Notice of right to refuse to take the test Review of questions to be asked Notice that test may be terminated by employee Copy of test results

14. 31511230/0403 © 2004 Business & Legal Reports, Inc. Background Checks Reference checks Reports by outside investigators

15. 31511230/0403 © 2004 Business & Legal Reports, Inc. Background Checks (cont.) Education and licenses Drivers records Confidentiality

16. 31511230/0403 © 2004 Business & Legal Reports, Inc. Responding to Requests for References Company policy Written authorization Objective job- performance issues

17. 31511230/0403 © 2004 Business & Legal Reports, Inc. Drug and Alcohol Testing When to test Samples Results

18. 31511230/0403 © 2004 Business & Legal Reports, Inc. Drugs and Alcohol: Case Study Report of illegal drug use on company premises Supervisor conducts a search No drugs found Supervisor orders drug test

19. 31511230/0403 © 2004 Business & Legal Reports, Inc. Case Study: Comment Drug test not supported by reasonable suspicion Basis for reasonable suspicion

20. 31511230/0403 © 2004 Business & Legal Reports, Inc. Confidential Employee Medical Information Security Need to know Employee rights HIPAA Privacy Rule

21. 31511230/0403 © 2004 Business & Legal Reports, Inc. Protecting Customer Confidentiality Limited access Adequate security

22. 31511230/0403 © 2004 Business & Legal Reports, Inc. Workplace Privacy Checklist Explain the companys electronic monitoring policy Make sure employees understand that e-mail and voice mail may be monitored Advise employees that telephones are for company business only Warn employees about Internet use

23. 31511230/0403 © 2004 Business & Legal Reports, Inc. Workplace Privacy Checklist (cont.) Advise employees that work areas may be searched Be careful when conducting searches Make sure employees understand the substance abuse policy Administer drug and alcohol testing in compliance with the law

24. 31511230/0403 © 2004 Business & Legal Reports, Inc. Workplace Privacy Checklist (cont.) Protect confidential medical information Use caution with background checks Obtain written authorization before giving references Protect customer confidentiality

25. 31511230/0403 © 2004 Business & Legal Reports, Inc. Goals Recognize key workplace privacy issues Understand company policies related to workplace privacy Know how to balance the companys need to control the workplace with employees right to privacy

26. 31511230/0403 © 2004 Business & Legal Reports, Inc. Summary The company has a legitimate right to control the workplace in an effort to prevent theft of valuable property, protect safety, ensure business resources are being used solely for business purposes, etc. To achieve these important goals, we may need to monitor employee activities, require employees to submit to drug testing, or even make workplace searches

27. 31511230/0403 © 2004 Business & Legal Reports, Inc. Summary (cont.) But these actions must be balanced by a concern for the privacy of employees and compliance with the laws governing workplace privacy By balancing these interests, we not only build a more respectful and productive working relationship with employees, but we also avoid costly and needless litigation of employee privacy claims

28. 31511230/0403 © 2004 Business & Legal Reports, Inc. Quiz 1.The basic question concerning workplace privacy is: How do you balance the employers right to ________________ with the employees right to ____________? 2.The explosion of workplace technology has brought privacy issues into sharper focus in recent years. True or False 3.Give an example of an employees reasonable expectation of privacy in the workplace.

29. 31511230/0403 © 2004 Business & Legal Reports, Inc. Quiz (cont.) 4.How can employers lower the expectation of privacy to accommodate their need to control the workplace and prevent theft, violence, etc.? 5.Federal and state laws allow employers to monitor company telephones at any time for any reason. True or False 6.Employers may monitor telephone calls and Internet use, but privacy laws say they cannot read employees e-mail or listen to their voice mail. True or False

30. 31511230/0403 © 2004 Business & Legal Reports, Inc. Quiz (cont.) 7.Identify two key privacy issues concerning video surveillance of employees. 8.Employers may search an employees desk, locker, or files only with the employees express consent. True or False 9.When responding to requests for references for employees or former employees, what three things should you do?

31. 31511230/0403 © 2004 Business & Legal Reports, Inc. Quiz (cont.) 10. If you were searching an employee or an employees personal property (such as a purse or briefcase), you should ask the employee to empty his or her pockets or personal property rather than doing so yourself. True or False

32. 31511230/0403 © 2004 Business & Legal Reports, Inc. Quiz Answers 1.The basic question concerning workplace privacy is: How do you balance the employers right to control the workplace with the employees right to privacy. 2.True. Electronic monitoring, for example, raises many difficult privacy issues.

33. 31511230/0403 © 2004 Business & Legal Reports, Inc. Quiz Answers (cont.) 3.Employees would have a reasonable expectation of privacy in a locker room or bathroom, for example. Video surveillance in such places would be an invasion of privacy. 4.Employers can use policies and written notices to lower expectations of privacy. This warns employees about the degree of privacy they can expect.

34. 31511230/0403 © 2004 Business & Legal Reports, Inc. Quiz Answers (cont.) 5. False. The laws generally only allow monitoring in the ordinary course of business for a legitimate business purpose, such as ensuring quality of customer service or preventing the disclosure of trade secrets. 6.False. If the company owns and operates the voice mail and e-mail systems and warns employees that messages may be monitored, it can legally read and listen to these messages.

35. 31511230/0403 © 2004 Business & Legal Reports, Inc. Quiz Answers (cont.) 7.Privacy issues include the location of cameras in appropriate areas of the facility, the security of video viewing equipment and tapes to prevent unauthorized viewing, and notice of surveillance. 8.False. Employers have the right to search company property and company premises for reasonable cause.

36. 31511230/0403 © 2004 Business & Legal Reports, Inc. Quiz Answers (cont.) 9.When giving references, follow company policy, get written authorization from the employee, and limit your comments to objective job-performance issues. 10. True. Never touch an employee during a search or empty the contents of an employees briefcase, purse, backpack, vehicle, etc., yourself.