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Employers everywhere today must delicately balance the need to maintain a safe and proper workplace with employees rights and the risk of liability. The fact that new technologies make it easier for employers to monitor their employees whereabouts, communications, and activities only serves to make the issue more acute. Now, in this collection of essays by outstanding scholars and practitioners in U.S. labour law and practice, employers and their legal counsel will find a broad array of important contributions to the law and study of workplace privacy. Based on papers delivered at the 58th annual labour conference of the New York University Center on Labor and Employment Law, this book reflects and analyzes recent developments, providing the best comprehensive work on U.S. workplace privacy. How far should employers be allowed to go in monitoring employers? Where do employers rights to run their businesses end and employees privacy rights begin? Is the existing law sufficient to resolve recurring conflicts? These are among the big questions tackled in these articles. Among the many specific issues covered are the following: use of global positioning systems (GPS) in tracking employees; background checking for job applicants; email monitoring; physical monitoring of employees; scope and lawfulness of so-called lawful activity laws; employer involvement in employees nonworkplace behaviour (e.g., drug testing); employees rights of association; regulation of fraternizing and dating among employees; employee privacy issues in employer-union bargaining; privacy issues in public sector employment; privacy issues and threats of terrorism; and efforts by employers to verify employees nationality and immigration status. Authors pay special attention to fast-break developments such as in the extraterritorial reach of the European Union s data protection directive and the current status of the U.S. National Labor Relations Board s Register-Guard decision. A special feature is a very early draft of a chapter of the forthcoming Restatement (Third) of Labor and Employment Law made available through the graces of the American Law Institute on the U.S. common law of employee privacy rights. As always, this important annual publication offers definitive current scholarship in its theme area of labour and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in employment and labour relations law and practice.
In recent years, new and more intrusive surveillance technology has found its way into workplaces. New medical tests provide detailed information about workers' biology that was previously unthinkable. An increasing number of employees work under camera surveillance. At the same time, computers allow for a detailed monitoring of our interactions with machines, and all this information can be electronically stored in an easily accessible format. What is happening in our workplaces? Has the trend towards more humane workplaces been broken? From an ethical point of view, which types and degrees of surveillance are acceptable, and which are not? From a policy point of view, what methods can be used to regulate the use of surveillance technology in workplaces? These are some of the questions that have driven the research reported in this book. Written by an interdisciplinary group of researchers in Computer Ethics, Medical Ethics and Moral Philosophy, this book provides a broad overview that covers both empirical and normative aspects of workplace privacy.
The misuse of an organization's information systems by employees, whether through error or by intent, can result in leaked and corrupted data, crippled networks, lost productivity, legal problems, and public embarrassment. As organizations turn to technology to monitor employee use of network resources, they are finding themselves at odds with workers who instinctively feel their privacy is being invaded. The Visible Employee reports the results of an extensive four-year research project, covering a range of security solutions for at-risk organizations as well as the perceptions and attitudes of employees toward monitoring and surveillance. The result is a wake-up call for business owners, managers, and IT staff, as well as an eye-opening dose of reality for employees.
Just a few years ago, the concept of job-related privacy was barely recognized by the law and virtually unknown to most employers. Under the legal doctrine of employment-at-will, the conditions of most employment were dictated by employers, and workers held their jobs at the discretion of their superiors. In the past two decades, however, numerous laws and court rulings have established the doctrine of workplace privacy: the protection of employees and job applicants from attempts by employers to learn information about them and to regulate their activities on and off the job. This book examines the multi-faceted concept of workplace privacy, helping employers and workers to appreciate each other's legal rights, and offering practical suggestions for avoiding legal pitfalls. A number of general privacy-related issues are addressed in the volume, including how to balance employee privacy interests with business needs, what adjustments should be made in regard to illicit drugs and drug testing, and the role of computers in monitoring employees. In language stripped of as much legal jargon as possible, Jon Bible and Darien McWhirter discuss some basic aspects of our legal system and consider why employee screening attracts so much attention today. They review factors that impinge on an employer's right to screen and trace the evolution of the privacy concept from its 1890 recognition as a legal article to its current applications in the field of employment law. Finally, they explore the privacy implications of specific employment screening devices, such as AIDS, drug, and polygraph testing, as well as on-the-job surveillance and lifestyle activity interference. Extensive references are supplied at the end of each chapter, and an appendix containing the entire text of the Americans with Disabilities Act of 1990 is also included. This study of an important legal issue will be a valuable reference source for the personnel and human resource professionals in most businesses, as well as for any employees who wish to further understand this complicated subject. Students of business and employee relations will also find it to be an important resource, as will both academic and public libraries.
Privacy in the Workplace is a practical guide that clearly explains your privacy compliance responsibilities and even instructs on steps to take once a breach has occurred. In addition to guidance on current employment-related privacy issues, the Second Edition goes further to provide complete coverage of your responsibilities in complying with Canadian privacy laws, with tools and tips for creating an effective data management program across all areas of your organization including sales, human resources, marketing, finance and the Board of Directors. Topics include: Personal Information Protection and Electronic Documents Act (PIPEDA) and reviews of the Personal Information Protection Act (PIPA) in BC and Alberta; How to avoid being accused of a privacy breach and steps to take once a breach has occurred; Protecting customer, client and supplier information; Essential information about the Personal Health Information Act (PHIA); Technology and privacy - a guide to sound online marketing practices; and Highlights of significant cases and their impact on Canadian privacy law.
The third of three issues on workers' privacy in industrialized countries, this volume is devoted to testing of workers and job applicants to detect alcohol and drug abuse, HIV/AIDS, genetic abnormalities, psychological characteristics and honesty.
Explores the social, legal, and moral implications of various types of employee monitoring, discussing the boundaries of employee privacy, the investigative and surveillance technologies used, how employers try to protect themselves, and what employees can do to ensure their own protection.
Hiring, firing, retirement, human rights complaints and education, harassment, privacy and personal information, pay equity, employee health, benefits.