Privacy in the Workplace: A Guide for Human Resource Managers

Just a few years ago, the concept of job-related privacy was barely recognized by the law and virtually unknown to most employers. Under the legal doctrine of employment-at-will, the conditions of most employment were dictated by employers, and workers held their jobs at the discretion of their superiors. In the past two decades, however, numerous laws and court rulings have established the doctrine of workplace privacy: the protection of employees and job applicants from attempts by employers to learn information about them and to regulate their activities on and off the job. This book examines the multi-faceted concept of workplace privacy, helping employers and workers to appreciate each other's legal rights, and offering practical suggestions for avoiding legal pitfalls. A number of general privacy-related issues are addressed in the volume, including how to balance employee privacy interests with business needs, what adjustments should be made in regard to illicit drugs and drug testing, and the role of computers in monitoring employees. In language stripped of as much legal jargon as possible, Jon Bible and Darien McWhirter discuss some basic aspects of our legal system and consider why employee screening attracts so much attention today. They review factors that impinge on an employer's right to screen and trace the evolution of the privacy concept from its 1890 recognition as a legal article to its current applications in the field of employment law. Finally, they explore the privacy implications of specific employment screening devices, such as AIDS, drug, and polygraph testing, as well as on-the-job surveillance and lifestyle activity interference. Extensive references are supplied at the end of each chapter, and an appendix containing the entire text of the Americans with Disabilities Act of 1990 is also included. This study of an important legal issue will be a valuable reference source for the personnel and human resource professionals in most businesses, as well as for any employees who wish to further understand this complicated subject. Students of business and employee relations will also find it to be an important resource, as will both academic and public libraries.

Table of Contents:
Preface Setting the Stage: An Introduction to the Legal System The American Legal System A History of Employment Law A Century of Privacy Law Employer Screening Practices: Recruiting and Assessing Job Candidates Why Employers Screen Employment Discrimination Laws Recruiting and Assessing Candidates Common Law Limitations on Background Checks Employer Screening Practices: Body and Mind Tests Drug Testing Honesty Testing AIDS Testing Genetic Testing Ability Testing Employer Screening Practices: On-the-Job Surveillance Searches Non-Electronic and Electronic Surveillance Employee Records Interference with Lifestyle and Non-Work Related Activities Theories of Liability No-Spouse Rules Off-Duty Relationships and Lifestyle Issues Suing and Being Sued Conclusion Appendix Index

About the Author :
JON D. BIBLE is Assistant Professor of Business Law at Southwest Texas State University. Prior to that he was Assistant Attorney General of Texas. DARIEN A. McWHIRTER is general counsel at the National Center for Employee Ownership in Oakland, CA. He has taught public management at Miami University of Ohio and Southwest Texas State University.

Review :
?Privacy in the Workplace examines the legal doctrine of job-related privacy. Authors Jon D. Bible and Darien A. McWhirter note that until 20 years ago, this concept was barely recongized by law and almost unknown to employers. Now, however, numerous laws and court rulings have established the doctrine of workplace privacy: the protection of employees and job applicants from attempts by employers to learn information about them and to regulate their activities on and off the job. The 320-page book discusses how to balance employee privacy interests with business needs, with chapters on drug testing, honesty testing, and AIDS testing. While the focus is on private sector employment, Privacy contains sections on civil service laws and the Constitutional rights of public employees.?-Federal Labor-Management and Employee Relations Consultant "Privacy in the Workplace examines the legal doctrine of job-related privacy. Authors Jon D. Bible and Darien A. McWhirter note that until 20 years ago, this concept was barely recongized by law and almost unknown to employers. Now, however, numerous laws and court rulings have established the doctrine of workplace privacy: the protection of employees and job applicants from attempts by employers to learn information about them and to regulate their activities on and off the job. The 320-page book discusses how to balance employee privacy interests with business needs, with chapters on drug testing, honesty testing, and AIDS testing. While the focus is on private sector employment, Privacy contains sections on civil service laws and the Constitutional rights of public employees."-Federal Labor-Management and Employee Relations Consultant