Walsh 3e_PPT_Ch 17

Walsh 3e_PPT_Ch 17 - Employment Law for Human Resource...

Info iconThis preview shows pages 1–8. Sign up to view the full content.

View Full Document Right Arrow Icon
1 Employment Law for Human Resource Practice Chapter 17 Privacy on the Job: Information, Monitoring and Investigations
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
2 Expectation of Privacy Both public and private employees may seek to assert an expectation of privacy, though Constitutional protections apply to public, but not private, employees Whether there is a reasonable expectation of privacy is a case-by-case determination based on policies, practices, and other circumstances
Background image of page 2
3 Privacy Protections: Constitutional Public employees enjoy privacy rights deriving from the 4 th Amendment to the U.S. Constitution , which prohibits unreasonable searches and seizures. Note that such rights have limits. Public employers need not establish probable cause or obtain warrants before conducting workplace searches. Note that such searches and other actions impinging on privacy must be reasonable.
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
4 Just the Facts The FBI received a tip that an employee of an IT company was accessing child pornography from his workplace computer. When approached by the FBI, the company confirmed that the employee had regularly visited such Web sites. The employee’s office was entered in the evening by company officials and copies were made of the contents of his computer’s hard drive. All of the computers in the workplace were property of the employer and the employer was able to monitor all employees’ Internet activity. Employees were told when hired that their computer use was subject to monitoring and that computers should not be used for personal business. The employee was the only user of the office and it was kept locked. A password created by the employee was needed to use the computer. After the employee was arrested and charged with crimes, he argued that the FBI had violated his constitutional rights by searching his computer without a warrant. Did this employee have a reasonable expectation of privacy in the contents of his workplace computer? Did the government violate his constitutional rights by conducting an illegal search? United States of America v. Ziegler , 474 F.3d 1184 (9th Cir. 2007).
Background image of page 4
5 Privacy Protections: Common Law Whether there is a reasonable expectation of privacy is a case-by-case determination based on policies, practices, and other circumstances. Most states recognize the following privacy torts: Intrusion upon seclusion Public disclosure of private facts Placement in a false light Appropriation of a name or likeness
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
6 Elements of a Claim – Intrusion Upon Seclusion Plaintiffs must show: 1. An intentional intrusion, physical or otherwise; 2. into something truly private; and that 3. THE INTRUSION WOULD BE HIGHLY OFFENSIVE TO A REASONABLE PERSON.
Background image of page 6
7 Elements of a Claim – Public Disclosure of Private Facts Plaintiffs must show: 1 . A public disclosure occurred; 2. The disclosure involved facts that were truly private; 3. The disclosure would be highly offensive to a reasonable person; 4. The disclosure was intentional; and 5. The matter disclosed is not of legitimate concern to the public.
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 8
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page1 / 28

Walsh 3e_PPT_Ch 17 - Employment Law for Human Resource...

This preview shows document pages 1 - 8. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online