Privacy of an Individual in the Workplace
Argument Length: 2,000 words Task Construct argument notion individual's privacy important consideration workplace, Use ethical theory support position. Rationale This task designed: demonstrate capacity understand evaluate privacy; demonstrate understanding issues encroach individual's privacy workplace; demonstrate ability construct a compelling argument logically consistent supported ethical theory;
Privacy of an individual in the workplace
In the workplace, it is expected that employees must relinquish some of their most valued privacy in order to succeed in their role in the organization. The debate on workplace privacy concerns how much privacy the employees need to give up in their quest for success at their role. The morality, ethicality and legality of monitoring of actions of employees have been challenged in various circles with each side having a strong argument. It is believed that employers need to infringe on the privacy of employees in order to be able to effectively monitor them to ensure they do not engage in illicit activity that impedes their productivity and also to limit their own liability. The employers need to ensure that the employees meet their expectations in the workplace and that they do the job that they are being paid to do. Workplace privacy is important since it helps to eliminate emotional and physical stress such as fatigue and lack of motivation which come as a result of privacy infringement. However, on the other side, employers try to keep the workplace productivity levels high which have created disputes of infringement of privacy and freedom. Moreover, there are no privacy laws that govern privacy in the workplace Cozzetto & Pedeliski, 1997.
Even where there is law that touches on privacy, there are still several issues on which the law is not clear. Workplace privacy is important for employees since it motivates them and makes them feel free in the workplace. However, it creates management and performance issues for the employer. It is therefore important that employees and employers find ways to resolve the privacy issues by ensuring employees are kept in check and that at the same time, they have their freedom. Workplace privacy is not an important consideration in the workplace since there are other issues that bear more importance such as disability employment, discrimination, and health and safety which bear more importance legally, morally and ethically.
Legality of workplace privacy
The law does not explicitly state the legality or illegality of workplace privacy activities. Privacy cases have also been decided on an ad hoc basis. In 2001 Cramer v. Consolidated Freightways, it was decided that the privacy laws of California were violated by the employer who had installed video and audio surveillance in the employee bathrooms. In Halford v. The United Kingdom, it was decided that listening in on the calls made by Ms. Halford from her work telephone was a breach of her right to privacy. In 1992 Deal v. Spears, the court ruled that employees do not give employers their consent to monitor their calls even where the employer had stated the calls would be monitored to keep personal calls in check. In O'Connor v. Ortega, it was decided that there was some privacy that was expected in the workplace such as in desks and file cabinets. In K-Matt Corp. Store No. 7441 v. Trotti, it was decided that the search of an employee locker violated their freedom of privacy Frayer, 2002()
There is certain legislation that dwells on workplace privacy. The Electronic Communications Privacy Act prohibits employers from intentionally intercepting electronic communications. The National Labor Relations Act provides a framework for organizing labor and ensuring that labor practices are fair. In this act, it can be decided that workplace privacy is a fair workplace practice. The Employee Polygraph Protection Act protects employees in the private sector from being exposed to polygraph test. Government employees and contractors, on the other hand are still subject to polygraph tests. The Connecticut statute requires employees to be notified when they will be electronically monitored. Despite the presence of this legislation on workplace privacy,...
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