Most of these laws only require that that the employers notify their workers that they are subject to electronic monitoring Nizik 1. In fact, these laws in general legalize the surveillance of employees since they do not prohibit it Employee Issues 1.
Privacy of an Individual in the Workplace Argument Length: Rationale This task designed: The debate on workplace privacy concerns how much privacy the employees need to give up in their quest for success at their role. The morality, ethicality and legality of monitoring of actions of employees have been challenged in various circles with each side having a strong argument.
It is believed that employers need to infringe on the privacy of employees in order to be able to effectively monitor them to ensure they do not engage in illicit activity that impedes their productivity and also to limit their own liability.
The employers need to ensure that the employees meet their expectations in the workplace and that they do the job that they are being paid to do. Workplace privacy is important since it helps to eliminate emotional and physical stress such as fatigue and lack of motivation which come as a result of privacy infringement.
However, on the other side, employers try to keep the workplace productivity levels high which have created disputes of infringement of privacy and freedom. Even where there is law that touches on privacy, there are still several issues on which the law is not clear. Workplace privacy is important for employees since it motivates them and makes them feel free in the workplace.
However, it creates management and performance issues for the employer. It is therefore important that employees and employers find ways to resolve the privacy issues by ensuring employees are kept in check and that at the same time, they have their freedom. Workplace privacy is not an important consideration in the workplace since there are other issues that bear more importance such as disability employment, discrimination, and health and safety which bear more importance legally, morally and ethically.
Legality of workplace privacy The law does not explicitly state the legality or illegality of workplace privacy activities. Privacy cases have also been decided on an ad hoc basis. In Cramer v. Consolidated Freightways, it was decided that the privacy laws of California were violated by the employer who had installed video and audio surveillance in the employee bathrooms.
The United Kingdom, it was decided that listening in on the calls made by Ms. Halford from her work telephone was a breach of her right to privacy. In Deal v. Spears, the court ruled that employees do not give employers their consent to monitor their calls even where the employer had stated the calls would be monitored to keep personal calls in check.
Ortega, it was decided that there was some privacy that was expected in the workplace such as in desks and file cabinets. Trotti, it was decided that the search of an employee locker violated their freedom of privacy Frayer, There is certain legislation that dwells on workplace privacy.
The Electronic Communications Privacy Act prohibits employers from intentionally intercepting electronic communications. The National Labor Relations Act provides a framework for organizing labor and ensuring that labor practices are fair. In this act, it can be decided that workplace privacy is a fair workplace practice.
The Employee Polygraph Protection Act protects employees in the private sector from being exposed to polygraph test.
Government employees and contractors, on the other hand are still subject to polygraph tests. The Connecticut statute requires employees to be notified when they will be electronically monitored. Despite the presence of this legislation on workplace privacy, there are still issues that are not covered by law.
In California, Shoars v. Epson, it was ruled that the California state law that protected employees from electronic surveillance did not extend to email. Three ethical theories will be used. The first is the utilitarian theory.
This theory looks at the consequence of the action in order to evaluate its ethicality. The rationality of this theory is that the most important thing is to get the result desired. Therefore provided the consequence is achieved, the action can be evaluated as ethical.
The second theory is the deontological theory which evaluates the ethical nature of the action itself solely without looking at its consequence. One thing that is looked at in the deontological theory is the golden rule. This means that the action should apply to the rule of doing something to others that you would want them to do to you.
In the deontological theory, the Kantian ethics will be used. The last theory is the social contract theory. This is the implicit social contract that exists between the citizen and the state in which they live in.
This theory looks at the set of moral and legal rules of the state which the citizen should follow in their actions.- This essay will discuss and critically analyse whether or not existing data protection laws protect the privacy of individuals whose personal information has been disclosed on social networking sites.
Firstly, it would be a good idea to explain exactly what privacy is and then discuss the importance of privacy and some of the legal consequences that could arise when violating a patient’s privacy.
Employees are often not informed of the monitoring systems in place. Such systems can run in stealth mode concurrently with the rest of the programs, while sending periodical reports, or even screenshots of the individual's activity to the boss/5(2).
Drug Testing in the Workplace Most employers in the United States are not required to do drug testing on either current or potential employees, although the majority have the right to do so (United States Department of Labor, ).
In the work environment, however, the right to privacy can be lost almost completely. The changing landscape of business is forcing managers to rethink the amount of privacy employees should be entitled, especially within the areas of internet usage and email.
Excerpt from Term Paper: privacy in the workplace encourages contempt. Legitimate Limits Economic reasons for supervision. Reasons of inter-employee, and employee-customer safety.