Employee Privacy Rights: Avoiding Intrusive Employment Practices
Under federal law, employers and companies should respect the privacy rights of their workers and avoid using intrusive employment practices
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Also, most states passed several labor laws that will protect the employees privacy rights and their confidential information.
Hiring Process
The US Congress recently passed a law that prohibits employers to ask workers about their family medical history and health risks.
This federal law, called the Genetic Information Nondiscrimination Act of 2008, also prohibits most private employers from making decision based on the genetic information. They are also prohibited to force workers to take medical exam and laboratory testing to determine their health risks, conditions, and genetic disorders.
Meanwhile, in terms of acquiring information such as credit history, school records, family background, and police record, there are several laws that regulate these to prevent employers from conducting an intrusive background check.
However, it does not mean that employers should forego such practice. According to employment lawyers, acquiring personal information is still important especially when hiring someone in sensitive positions (police officers, security guards, bus and truck drivers, national security agents, etc.).
The federal and state governments also urge companies to conduct background check on workers whose jobs involve going inside peoples house (delivery man, plumber, service man, house cleaner). Doing background check to these people is very important to avoid negligent hiring claims.
Meanwhile, employers should be careful when making hiring decisions based on off-the-job behavior and non-work activities of applicants. In some cases, screening applicants based on these reasons will make employers liable for a lawsuit.
The rule of thumb in doing background check is that this should be done in relation with the job position and not based on prejudice.
Big Brother Setup
While it is not illegal to install cameras in workplace as long as this is job-related, doing this may be considered illegal if employers use surveillance devices which are not easily recognizable (e.g. one-way mirror, hidden cameras in lamps or paintings, etc.).
Most states also prohibit employers to install surveillance cameras in private areas like locker rooms and bathrooms. Some jurisdictions also prohibit companies from installing cameras in places associated with relaxation such as lounge areas.
Lie Detector Test
A federal law specifically prohibits most private employers from using a lie detector test to applicants and workers.
Under Employee Polygraph Protection Act, employers cannot retaliate against workers and applicants who refuse to undergo a lie detector testing which involve any mechanical or electrical device such as polygraph, voice stress analyzer, deceptograph, and psychological stress evaluator.
However, this Act does not protect the privacy rights of workers employed by federal, state, and local governments, and individuals hired to a sensitive position which involves the countrys national security.
by: Nemilou Despuez
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