.
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 identified 20 different workplace topics that may be encountered prior to, during, or at a conclusion of employment. The following issues may or may not be legally binding from state to state. .
Topics affecting employment privacy: .
1. Psychological tests - Employers have the right to perform physiological test to applicants, however, must be justified by a compelling interest. These tests will generally identify an individual personal characteristic such as laziness, propensity to steal, and even sympathy to unions.
