Given the growing problems of employee disloyalty, violence, espionage and theft, employers are increasingly using a variety of techniques to monitor employees. Advances in technology enable employers to use increasingly sophisticated techniques. For example, employers now have the ability to monitor display terminals to record when an employee turns a computer on or off, the number and sequence of keystrokes entered by the employee and so on. In addition, drug use can be detected through several forms of testing and video surveillance cameras can be installed in inconspicuous locations.
While advanced technology and testing procedures allow employers to discover more information about employees and prospective employees, privacy concerns have increased. Privacy concerns arise at all stages of employment, from hiring, to investigations, and even termination decisions. Employees are much more sensitive to privacy issues and are much more willing to bring legal challenges to employers’ policies. This chapter discusses the boundaries between lawful employer conduct and employer conduct that may intrude into employees’ protected personal privacy.
As a result of the COVID-19 pandemic, many employers have been torn between how to protect employee privacy interests and protecting others in their workforce from the spread of the virus. Information regarding the...
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