Employee Privacy Rights in the Workplace Essay Example

policies set in place and a mere six percent of businesses save electronic business records. However, among those businesses that do have established written *(delete-and) deletion policies, an astonishing number still do not bother to save e-mails and instant messages.The 2004 Workplace E-mail and Instant Messaging Survey also report, “The failure to properly retain e-mail an IM reflects employers’ failure to educate employees about e-mail an IM risks, rules, and policies. The fact that 37% of respondents either do not know or are unsure about the difference between an electronic business record that must be retained, versus an insignificant message that may be deleted, suggest that employers are dropping the ball when it comes to effectively managing e-mail and IM use.

Company data is not the only thing that is at risk when policies are not in place and implemented. Employee bank account information, social security numbers, contact information, and other confidential information should also be a *(responsibility-delete) responsible. Grifing (2006) lists that “8,500 FedEx employees had their W-2 forms and salaries inadvertently exposed” and that is regarding just one company alone. Companies can determine whether or not he or she will perform well on a job and other information.Gahtan (1997) reports, “Employers may also find that they could be held liable for e-mail or Internet-related activities of their employees. In most cases, employee e-mail or Usenet postings carry the employer’s name or trademark as part of the employee’s e-mail address.

Defamatory, political or religious statements sent outside the company by employees may therefore be attributed to the employer. ” Employers also have an obligation to provide a work environment free of discrimination and harassment.Inappropriate material circulated

internally can create a problem. A subsidiary of Chevron Corporation settled a sexual harassment lawsuit for $2. 2 million after a list called “Why Beer is better than Women” was circulated through its e-mail system.

Another concern is the potential liability for sexually explicit messages sent to other employees. Such e-mail messages can be used to support a harassment or discrimination case. Pornographic images downloaded by employees are another big problem security breach laws have been adopted by 24 states.Laws also cover the proper removal of information, security safeguards, and the use and display of customer *(delete-and) employee information.

More states shall be passing laws soon. Companies are now able to use genetic information to determine whether or not a potential employee is suitable for a job and if a current employee will perform accordingly. Companies cannot ignore the laws that states have passed and the same information and techniques that can protect companies’ interest and confidentiality can be the same information and techniques that can harm employees’ rights.As Sir Isaac Newton stated, “To every action there is always opposed an equal reaction.

” Although the law is not consistent regarding whether companies are invading employees’ privacy rights regarding information technology policies must be set and employees must be informed on what is considered to be an invasion of company confidentiality or employee privacy rights. This will at least help inform, clarify, and provide uniform guidelines to follow in order to prevent and minimize confusion, issues, security breaches, and lawsuits.As stated earlier, policies should be set (implemented-delete) and enforced. All staff members should be informed of these policies. Continuing training and meetings regarding policies and procedures should be

conducted. The policies should cover all aspects of the business from the hiring process to the termination of employment with the company, this if for the protection and benefit of both the company and its employees.

The most effective policy for the workplace would provide management pertinent information and procedure when hiring, firing, enforcing, and decision-making.Employee protection of genetic information and the prohibition of any discrimination in all areas of business *(delete-at all levels) shall be enforced. This *(delete-will) allows employers the necessary information to conduct business in a safe and professional environment *(delete-and) to protect both the company and employees. Employees should be informed of any tests that will be performed in order to make a final hiring decision.

Potential employees should be given a (the intention of each test-delete) test (*delete-and also) as well as the results of their test.Explanations of the results and how they affect the potential employee and his or her job should be relayed. Management should be aware of which company information and data is confidential. The American Heritage® Dictionary of the English Language (2000) lists the meaning of the word confidential as, “done or communicated in confidence; secret…entrusted with the confidence of another. ” Companies should determine what materials/data (*Delete one- choose one or the other-have same meaning) fall under this category and their own definition of confidential and sensitive.They should educate various employees accordingly (*on-delete) to the proper procedure of handling, storing, and the elimination of such confidential material if necessary.

All members of management and staff should be aware (and-delete-too many ands) as well as informed of the risks to company data and how to prevent data breaches. Policies

that are decided upon, implemented, and enforced should be according to the laws of the state in which the company is based and/or conducts business. Companies should employ legal assistance in determining and creating policies that are legally binding.As the balance between employee privacy rights and companies’ need to know and protect their sensitive data diminishes, it is crucial that a company aims to protect both policies and procedures.

The struggle between the two is growing tremendously as lawsuits and breaches also continue to grow. The law is not clear on whether companies are invading employees’ privacy rights regarding information technology. (so-delete) It is the responsibility of companies to (provide, enforce, and-delete all) teach the policies that will protect the invasion of a company’s confidentiality or employee’s privacy rights.