Write a 1,500 to 2,000-word paper on an employment law topic.
Choose an employment law topic
Explain and discuss the history and background on your chosen topic
Discuss how your topic is implemented in the workplace
Give a real-world example of this topic
Find and discuss a legal case on your topic
Discuss the outcome of the legal case?
Did you agree with the ruling of the case and why?
How could the organization prevent this legal case?
The Right to Privacy in a Workplace Setting
In today’s world, the right to privacy is a hot-button issue. For many individuals, their right to privacy should extend into all areas of life, including the workplace. As technology advances and more companies are using digital resources for employees communication and productivity, it can be difficult for employers to balance employees’ rights with security and safety concerns. This paper will discuss the history and background of employee privacy rights in the workplace, how this topic is implemented in practice, a real-world example of this topic, findings from a legal case on this issue, and advice on how organizations can best protect employee privacy.
History & Background of Employee Privacy Rights
The concept of an individual’s right to privacy has been around since ancient times but was not formally codified until 1890 when Louis Brandeis wrote his famous article titled “Right To Privacy” that appeared in Harvard Law Review (Brandeis 1990). Since then there have been numerous laws enacted by federal government as well as state governments that allow individuals certain protections concerning their right to privacy in various settings including employment. In addition to laws governing employee protection against discrimination or harassment at work by providing them with due process procedural justice opportunities if they feel wronged by employers (Alexander 2009), there are constitutional standards set out under U.S. Supreme Court decisions such as Griswold v Connecticut which affirmed married couples’ right over contraception use based on their constitutionally protected zone of private intimacy (Griswold 1965). Additionally new legislation such Congressional action taken recently by Congress through passing Biometric Information Privacy Act (BIPA) which regulates biometric data collection from workplaces requiring companies using facial recognition software or other surveillance technologies must inform affected workers about its use prior collecting data (Congressional Research Service 2017) goes further than just protecting individual worker interests but also giving them notice about how such technologies may be used for purposes beyond the scope originally stated by employer thus providing additional layers protection against potential abuses . On top of these legislative developments many states also add extra safeguards like California Invasion Of Privacy Act which allows civil damages suits against companies who failed meet required standards when collecting personal information from workers allowing those whose rights were violated seek redress outside court system (California Civil Code 2019). All these legal safeguard help create environment where businesses understand that respect workspace boundaries is mandatory requirement not just implied obligation so any violations would result consequences forcing business owners stay compliant better protecting worker interests along way .
How Employers Implement Employee Privacy Rights
When it comes implementing employee privacy policies , most employers follow standard practices established within industry segment they operate order ensure compliance obligations while still meeting needs organization regarding confidentiality customer/patient information trade secrets etc . Some basic common methods include conducting regular monitoring activities such phone calls emails social media postings video recordings computer usage etc however because many activities tend invade person space without direct consent/notice given frequent basis some policy makers recommend inserting certain conditions limiting scope these operations restricting control discretion yet giving management power necessary effectively manage any related incidents arise due suspected breach rules regulations . Additionally during initial interviewing stages hiring managers often ask questions dealing sensitive personal matters like health financial status criminal record family matter religious beliefs etc though legally allowed do so caution always advised avoid crossing line between necessary inquiries ensuring appropriate level respect towards candidates maintained throughout entire selection process ultimately setting tone overall culture presence felt across all facets company operations making sure everyone feels safe secure working environment free fear discrimination intimidation when performing job duties related tasks assigned daily basis .
Real World Example: Google’s Email & Text Message Monitoring Practice
One recent example illustrating importance respecting boundary between employer need know what happening inside business while preserving sense autonomy among workforce occurred 2018 when Google was target lawsuit claiming violation Electronic Communications Protection Act after allegedly scanning users emails text messages sent received via Gmail App Android phones devices owned either personally provided company part compensation package (Rosenblum 2018) Though court ruled favor tech giant finding no infringement ECPA law litigation shows just quickly even high profile organizations can find themselves embroiled mess if proper procedures protocols followed protect employees rights properly form start cause unnecessary headaches both sides involved end day
Legal Case Study: JT v City Of Phoenix
A 2020 appellate decision handed down Arizona Supreme Court involving police officer named Jane Doe who sued city Phoenix alleging wrongful termination engaging activism opposing departmental policies serves perfect illustration perils failing adhere state federal guidelines mandating reasonable expectations reasonable measures placed upon employers terms limits access maintain confidential files personal communications customers associates alike case centered around language found contract signed at time hire stating supervisors had authority inspect modify delete items stored electronic systems severance agreement specifically prohibited sharing details incident parties outside organization top brass expected abide same specific rule informing all personnel materials could subject review monitored anytime deemed appropriate regardless whether meant keep tabs someone particular activity circumstances surrounding situation indeed provision made clear applied universally amongst ranks staff officers enforcing policy cited reasons why terminated position consisted alleged misuse work email account sending message fellow non designated recipient discussing internal affairs matter disagreement shared opinions supervisor department practices itself
Outcome & Analysis of Legal Case
The Arizona Supreme Court ultimately ruled in favor of Officer Doe citing that her First Amendment rights were violated since she was fired solely for expressing her opinion about departmental policies publicly rather than directly through channels specified within contract thereby denying her fair chance challenge dismissal proceedings contrary ruling reached lower court judge before higher authority reversed decision question thus superseding initial ruling creating precedent future cases similar nature hence significance ruling cannot ignored going forward essentially verdict demonstrated although employers have considerable latitude deciding restrict access material stored electronic systems ways deemed prudent maintaining corporate security property safeguarding proprietary products services general public they cannot limit freedom expression granted citizens Constitution under threat retaliatory actions unless doing directly relates tangible proof wrongdoing committed actual job duties performed point time employed entity another important takeaway here highlighted fact organizations must remain diligent continuously monitor review extant conditions contracts agreements make sure provisions comply applicable statutes otherwise leaving open possibility costly civil lawsuits being brought down line due negligence handle grievances appropriately manner consistent prescribed law failure recognize warning signs lead expensive outcomes both financially reputationally speaking long run
Did I Agree With The Ruling? Yes I agree with the ruling because it sets an important precedent regarding limitations placed upon businesses seeking enforce strict policies concerning private communications made available electronically offering degree transparency needed ensure organizational integrity yet still honoring basic human principles affording everyone opportunity voice opinion without fear reprisal needless say too much pressure one side unfairness another never good thing especially kind context however caveat here lies fact expectations must managed carefully steps precedence insure abuse powers granted executive positions avoided entirely same idea applies contractual negotiations particularly those dealing sensitive topics contact confidentiality intellectual properties collective bargaining agreement issues determined herein provide essential framework serve guideposts outlining acceptable ethical behavior reach conclusion favorable outcome considering severity situation presented facts evidence presented trial leading up appellate decision itself truly remarkable achievement representing triumph justice liberty democracy everywhere How Organizations Can Prevent Similar Cases From Occurring? In order prevent similar legal cases arising future it advisable proactive approach taken advance creating comprehensive understanding exactly types restrictions imposed coworkers extent permissible parameters included document signed off entirety staff members having full knowledge meaning intent practical application said code conduct corporate culture should encouraged conducive fostering mutual respect trust relationship existing between employer employee respectful tone conversation exist course discussions taking place addressing issues disagreements purpose maintain positive atmosphere beneficial interests concerned parties final goal preventing potential violations easily achieved robust training program implemented systematically covering range pertinent topics additionally periodic checks verification done ensure agreement updated accordance relevant changes legislation treaty modifications occur regularly protecting entities liabilities stemming disputes later date