Question

Define the notion of ‘privacy’ as it relates to the employer-employee relationship. Using examples, identify the ethical issues that may arise in the electronic monitoring of employee activities. What strategies might a manager employ to ensure that they do not violate their employees’ negative Right to privacy? (1000 words)

Answer 1

Answer:

Employers are justifiable concerned about threats to and in the workplace,such as theft of property,breaches of data security,violence and others.They seek to minimize these risks,and that often requires monitoring employessa at work.Employers might also be concerned about the productivity lossresulting from employees using office technology for personal matters while on the job.

Background checks:

Employers may conduct background checks on employees before extending offer,during the course of employment or both.Backgroung checks are generally used to:

• Verify information provided on an employment application.
• Ensure that an appplicant or employee has not been involved in criminal conduct,such as crime involving immorality,violence or financial misconduct.
• Investigate suspected criminal conduct,such as when an employer believes that a current employee has been charged with a criminal offence that impacts his ability to do his job.

Employment tecting of applicants or employees:

Drug testing:

In addition to the background checks,many employers , especially those in safety-sensitive industries,require employees to submit to drug and alcohal testing either before being hired,during employment or both.

Common reasons for drug testing includes:

• Encouraging productivity in workplace
• Ensuring that employees can safely perform job duties
• Investigating workplace accidents and incidents.

Even the employer ,apart from these conducts drug tests for existing employees.

Electronic monitoring of employee's:

Monitored workstations,cameras,microphones and other electronic monitoring devices permit employer's to oversee virtually every aspect of employee's at workplace.Technology also allows employer's to monitor every aspect of computer use by employees,such as downloads of software and documents and internet use,images displayed.

According to a survey by the American Management Association, 48% of employers used a form of video monitoring in the workplace, 67% monitoes employee internet use. In 30% of the orgainsationsresponding to the survey,this electronic monitoring had ultimately led an employee's termination.

Electronic monitoring often captures data from cameras,and listening devices.Thus information can then be used against employees accused of violating company policy,raising privacy concerns.

Legal and ethical aspects in electronic monitoring:

The laws and regulations governing electronic monitoring are somewhat indirect and inconsistent.Very few specific federal statutes directly regulate private employers when it comes to broad workplace privacy issues.However, monitoring is subject to various state rules under noth statutory and common law, and sometimes federal and state constitutional provisions as well.

In general,it is legal for a company to monitor the use of its own property,including but not limited to computers,laptops and cell phones.Companies must also consider the effect on workplace morale if every one feels spies upon.

Employers should devolop a clear, specific and reasonable monitoring policy.The policy should limit monitoring to that which is directly work related,Employees should always remember their business goals while monitoring employees.

Here are three strategies for an effective and fair approach to electronic monitoring:

1.Set written policies:

It is important to create a corporate policy on internet and device usage that makes rights and responsibilities clear to everyone- and that bolsters your case should you face a legal challenge.

Employers should define their risks and security needs,weigh employees expectations and devolop a policy that strikes a balance.

2.Inform your workforce:

Expain the risks to the business from improper use of digital assets, the company's digital policy, the limits on employee privacy in the workplace and the fact that monitoring will occur.

Only Delaware and Connecticut require employers to notify employers to notify employees anout electronic monitoring, but it's a sound practice wherever you live.

3.Use technology tools:

Products abound for monitoring computers,mobile devices and betworks.TO reduce the potential for office friction, the collection of sensitive personal information and the amount of time you spend on the task,consider using technology that can alert you to potential problems , so you can focus on what matters and pry less.