Privacy and Employment Torts.pptVIP

EMPLOYMENT LAW PROFESSOR BARBARA LEE Employee PrivacyandWorkplace Torts What is Privacy? The right to be left alone The right to control who has access to information about you The right to withhold personal information Where do people have a greater expectation of privacy? A limited expectation of privacy? No expectation of privacy? Legal Claims Regarding Privacy Common law invasion of privacy (tort claim) Fourth Amendment (applicable only to government intrusions on privacy) Police Public sector employers Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Search Of the person Of property Seizure Of the person Of property In order to have a claim of privacy, there must be a legitimate expectation of privacy Employer practice Employer words (in handbook, etc.) Common law expectations (zones of privacy—in one’s body, in a building, in a car) Invasion of Privacy Tort claim (common law) Types of invasion of privacy claim Intrusion upon seclusion Placing the person before the public in a false light Appropriation of person’s name or image (photo) Publicizing private facts Privacy claims at work Locker, desk, handbag searches Searches of email Searches of voicemail Searches of hard copy documents that are personal to the employee Searches of employee’s body Off-Work Privacy Hobbies Friendships Romantic relationships Social network postings Political activity Smoking and moderate alcohol consumption Drug use Drug Testing Private sector: virtually no regulation Testing of applicants found lawful For-cause testing of employees found lawful Random testing in certain occupations is lawful (see Hennessey case) Public sector: 4th Amendment applies Random testing unlawful in m