Workplace Privacy Issue:
For a long period of time, the right to privacy, including workplace privacy has been a major controversial issue. In the recent past, workplace privacy issues have become major focal point of debates regarding the rights of employers and employees because of the impact of technological advancements, legislative scrutiny, and rising costs of healthcare. Generally, workplace privacy issues are divided into two major categories i.e. on-the-job and off-the-job privacy issues.
On-the-job privacy issues encompass concerns like psychological testing, drug testing, property searches, and medical testing. They are the most common workplace privacy issues experienced by employees and employers because they are closely linked to job performance and safety. In contrast, the off-the-job privacy issues incorporate a broad range of concerns such as the worker's political activities, recreational activities, and medical treatment as they focus on employee behavior outside the workplace.
Given the significance of workplace privacy issues, there is a…...
mlaReferences:
"Employee Privacy Knowledge Center." (n.d.). Institute for Corporate Productivity. Retrieved May 5, 2012, from http://www.i4cp.com/culture/employee-privacy
"Privacy Issues in the Workplace - Visions." (n.d.). Find Articles -- Business Library. Retrieved May 5, 2012, from http://findarticles.com/p/articles/mi_m3495/is_n8_v37/ai_12868535/?tag=content;col1
Deontologically, people might take a stand for personal physical privacy as an innate moral good; yet, precisely what each deontologist might define privacy to be may vary. Consequently, some deontologists might think that workplace surveillance and drug tests are morally acceptable, while genetic tests are not. Others might organize their beliefs differently -- all measures may be seen as morally unacceptable, for instance. Essentially, attesting to be either a utilitarian or a deontologist gives little indication of which way an individual might lean with respect to physical privacy in the workplace.
Legal precedents regarding these issues have made relatively little progress towards reaching a widespread consensus of how to handle such cases. The Burlington case concerning genetic testing could have accomplished this but failed because although it was settled out of court for 2.2 million dollars, "Burlington admitted no wrongdoing and there has been no determination that what it did…...
mlaWorks Cited
Anonymous. "Improvements in Workplace Safety -- United States." Morbidity and Morality Weekly Report, vol. 48, iss. 22, 1999.
Duke, L. "Genetic Testing in the Workplace: the Employer's Coin Toss." Health and Biotechnology, September 5, 2002.
Gilbert, Jacqueline a. et al. "Diversity Management: A New Organizational Paradigm." Journal of Business Ethics, vol. 21, iss. 1, 1999.
Persson, Anders J. And Sven Ove Hansson. "Privacy at Work Ethical Criteria." Journal of Business Ethics, vol. 42, iss. 1, 2003.
This even happened in Athens in 1993 when its municipal government imposed conditions of a cholesterol check. They sought to accept only those employees having acceptable level of cholesterol. Employers later had to abandon this policy due to public hue and cry but it shows how far employers can go in imposing medical conditions on employees.
Drug testing is a common practice in a number of organizations as its harmful effects on employee performance have been proved many a times. Employees working under the influence of drugs do not act and perform like normal employees. Not only is drug abuse bad for employees' own performance but it also affects the organizational work environment.
Drug testing is something that is acceptable to both employees and employers but the case of alcohol is different. There are many who drink socially and attend offices as well. Employees can impose restriction on dirking within office…...
mlaReferences
Dell, K & Cullen L (September 2006). Snooping Bosses. Time, 168(11), 38-40.
Crampton, S & Mishra, J. (1998). Employee Monitoring: Privacy in the Workplace?. SAM Advanced Management, 63(3), 4+.
Cozzetto, D & Pedeliski, T. (1997). Privacy and the Workplace: Technology and Public Employment. Public Personnel Management, 26(4), 515+.
Losey, M. (September 1994). Workplace Privacy: Issues and Implications. USA Today, 123(2592), 76+.
Outrageous Conduct and Invasion of PrivacyIn the workplace, the term outrageous conduct typically refers to any behavior that is beyond the pale of what is considered acceptable. This can include everything from sexual harassment and discrimination to threats and physical violence. Invasion of privacy, on the other hand, generally refers to any unauthorized intrusion into another person's private life. This can include anything from eavesdropping and snooping to using hidden cameras or taking photos without consent. While both types of misconduct can have a serious impact on the victim, invasion of privacy is often considered to be more egregious since it infringing on an individual's right to privacy. With respect to the case, Judge Dailey notes in Pearson v. Kancilla (2003), the elements of outrageous conduct are: (1) the defendant engaged in extreme and outrageous conduct, (2) recklessly or with the intent of causing the plaintiff severe emotional distress, and…...
mlaReferences
Case Law. (2006). Pearson v. Kancilla. Retrieved from
https://caselaw.findlaw.com/co-court-of-appeals/1311944.html
Colorado Supreme Court. (2008). Kancilla v. Pearson. Retrieved from
Privacy in the Workplace
The importance of privacy has risen over the years and its handling has become extremely crucial lately. Defaulting organisations have been faced with serious legal actions and thus, companies have taken a higher interest in the conversations of their workforce. However, this effort of the employer aimed at monitoring the activities of workers isn't as smooth as it should be due to the right of the employee to personal privacy.
The right of the workers to workplace privacy has caused several court cases recently, mostly due to the digital revolution of business communication i.e. emails, memos etc. Technological developments have made it possible for all form of digital communication as well as Internet use in the workplace to be placed under surveillance. Although employees have their reservations about this, the employers are protected by the law. However, other actions of the workers like confidential discussions and their private…...
mlaBibliography
Cox, S., Goette, T., & Young, D. (2005). Workplace Surveillance and Employee Privacy: Implementing an Effective Computer Use Policy. Communications of the IIMA.
Muhl, C., (2003). Workplace e-mail and Internet use; employees and employers beware. Monthly Labor Review. 2, 36-45.
Smith, D., & Burg, J. (2012). What Are the Limits of Employee Privacy? Retrieved from GP Solo: http://www.americanbar.org/publications/gp_solo/2012/november_december2012privacyandconfidentiality/what_are_limits_employee_privacy.html
egulating Internet Privacy
Privacy regulation has remained pinnacle of issues that got birth with internet. Every innovation in technology is at the expense of privacy; it is no more there as most of technicians believe. A layman using internet does not find how and when his personal information is can be traced by someone else; privacy at workplace that was once enjoyed by the employees is no more at one's disposal, and the never ending cookies and internet bugs allow heightened levels of internet surveillance. General public, heedlessly, isn't aware of such issues and is jolted only when such issues are raised on media. Marc otenberg tells us about its importance, "Privacy will be to the information economy of the next century what consumer protection and environmental concerns have been to the industrial society of the 20th century" (Spinello, 2003).
What is the extent of privacy erosion? Where is it necessary and…...
mlaReferences:
Lugaresi, N. (2010). Electronic privacy in the workplace: Transparency and responsibility. International review of law, computers & technology, 24(2).
OECD guidelines on the protection of privacy and transporter flows of personal data. (n.d.). Retrieved April 10, 2013, from http://www.oecd.org/internet/ieconomy/oecdguidelinesontheprotectionofprivacyandtransborderflowsofpersonaldata.htm
Schwartz, Paul M. (2000). Internet privacy and the state. Connecticut Law Review, Vol. 32, spring.
Spinally, R.A. (2003). Cyber Ethics: Morality and law in cyberspace. Canada, CA: Jones and Barlett Publishers.
Employee Privacy Torts
History of Employee Privacy
Changing Trends of Employee Privacy
Impact of Innovative Technology on Employee Privacy
ole of Social Media towards Employee Privacy
Impact of Changing Community/Society on Employee Privacy
Adaptation to the new Environment pertaining to Employee Privacy
Employee Monitoring and Surveillance
Laws and Employer Policies for Text Messaging and Social Media
Electronic Communication Privacy Act
Monitoring of Employee Conversations over Telephone & Email
ecommendations for creating Effective Policies
Future Implications of Employee Privacy
As years have passed and the human race has penetrated into the epoch of twenty first century, the technological advancements have conquered almost every facet of human life, especially the workplace. The widespread platform of the internet has become the integral part of a person's life, in the same manner as businesses are employing technological advancements to perform numerous activities like internet infrastructure, maintenance of computers and so on. It means that the human race is residing in a magnificent era where the flow of…...
mlaReferences
Baker, D., Buoni, N., Fee, M. & Vitale, C. (2011). Social Networking and Its Effects on Companies and Their Employees. Retrieved from: http://www.neumann.edu/academics/divisions/business/journal/Review2011/SocialNetworking.pdf
Bergh, N.V.D. (2000). Emerging Trends for Eaps in the 21st Century. Haworth Press, Incorporated.
Campbell, D. (2007). The Internet 2007: Laws and Regulatory Regimes. USA: Lulu.com.
Cate, F.H. (1997). Privacy in the Information Age. USA: Brookings Institution Press.
Employee Privacy Torts
Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to employee privacy and especially monitoring of employee behavior. Employee privacy is respected in many of the large corporations. However, there still exist some breaches in employee privacy. Small business owners are at most risk as a result of their increased monitoring practices and close employer-employee interaction.
Historical background
oberson v. ochester Folding Box Company
One of the major cases that brought employee privacy to the limelight was oberson v. ochester Folding Box Company
Franklin Mills Co. decided to appeal the decision. The appellate found…...
mlaReferences
Anderson v. City of Philadelphia, 845 F. 2d 1216 (1988).
Borse v. Piece Goods Shop, 963 F.2d 611 (1991).
Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1988).
City of Ontario v. Quon, 130 S.Ct. 2619, 560 U.S. (2010).
Employee Handbook Privacy Section
ABC Widget Company: Employee Handbook Privacy Section
What privacy rights issues should be addressed?
In the Age of Information, there are increasing concerns being voiced about what can legitimately be expected to be kept private, and how these issues affect employees' rights in the workplace. According to Hayden, Hendricks and Novak (1990, most adults spend approximately one-half of their waking hours in the workplace today, and it is therefore not surprising that employment practices affect a broad range of privacy rights. With the sole exception of polygraph ("lie-detector") testing, there are not many areas of workplace activities that are addressed by the U.S. Constitution or national privacy laws. As a result, employers in the United States have a great deal of flexibility in collecting data on their employees, regulating their access to personnel files, and disclosing the contents of employee files to those outside the organization. Besides the issue…...
mlaReferences
Backer, T.E. & O'Hara, K.B. (1991). Organizational change and drug-free workplaces:
Templates for success. New York: Quorum Books.
Hayden, T., Hendricks, E. & Novik, J.D. (1990). Your right to privacy: A basic guide to legal rights in an information society. Carbondale, IL: Southern Illinois University Press.
Muhl, C.J. (2003). Workplace E-Mail and Internet Use: Employees and Employers Beware An
This could be construed as a part of the atmosphere that exists in the work place. At which point, entity / individual can sue the employer for violating the law, by not properly monitoring their employees' email and internet activities. ("Workplace Privacy and Employee Monitoring" 2010)
However, a larger concern that employers have is any email sent to someone by an employee can become a problem for them in the future. Where, an employee may tell a customer something in an email, then delete it and deny they said anything. The problem for the employer is that email correspondence can be retrieved later on, after the person has deleted the email. This can be used as evidence that the company knowingly knew what was occurring, because of the email record. If there were any kind of laws broken, law enforcement has a right to view all email correspondence with a…...
mlaBibliography
Work Place Privacy and Employee Monitoring. (2010). Retrieved March 7, 2010 from Privacy Rights website:
http://www.privacyrights.org/fs/fs7-work.htm
Saunders, K. (2003). Practical Internet Law for Business. Boston, MA: Artech House.
This will prevent visitation to illicit websites such as pornographic and gambling websites; prevent usage of ecommerce sites such as Amazon or Ebay; or to prevent the use of general recreational or social sites such as Facebook and Myspace. Other companies may elect, with all legal protection, to prevent any web navigation beyond those sites which are essential to conducting business.
hy do companies implement e-mail and Internet use policies?
Most companies determine to use such monitoring policies based on the calculated view that the loss of privacy will promote greater workplace efficiency by discouraging inappropriate use of company resources and time. Among the reasons supplied for using email and web-use monitoring, the text by iBrief (2001) offers the needs to preserve the company's professional reputation, the maintenance of employee productivity, preventing sexual harassment or cyberstalking, preventing defamation, preventing illegal company disclosure and preventing copyright infringement. (iBrief, 1)
hat assumptions might employees…...
mlaWorks Cited:
iBrief. (2001) Monitoring Employee E-Mail: Efficient Workplaces Vs. Employee Privacy. Duke L. & Technology Review, 26.
Privacy Rights Clearinghouse (PRC). (2009). Fact Sheet 7: Workplace Privacy and Employee Monitoring. Privacy Rights.org. Online at http://www.privacyrights.org/fs/fs7-work.htm
Employee E-Mail and Internet Privacy Policies
The increased usage of the Internet and e-mail has changed the way companies do business. Nearly instantaneous communication can take place globally. Information on a countless number of topics can now be accessed from anywhere around the world. These technological developments have not only helped employees increase their efficiencies, but also has given them a new means of distraction from their duties. For this reason, many companies have developed e-mail and Internet policies.
At my job, our e-mail policy states that e-mails should not include illegal or libelous statements. E-mail is to be used for business purposes only and e-mail communications are the property of the company. For this reason, the company may access sent and received from work computers at any time, this includes deleted e-mails that are stored on the company's servers. The Internet policy is similar in that the Internet is also to…...
mlaReferences
Fact sheet 7: Workplace privacy and employee monitoring. (2010). Retrieved 6 Dec 2010, from http://www.privacyrights.org/fs/fs7-work.htm #4a.
Privacy rights of employees using workplace computers in California. (2010). Retrieved 6 Dec 2010, from http://www.privacyrights.org/ar/employees-rights.htm .
This will pevent the employee fom claiming that they had thei basic civil ights violated.
In the futue, once new changes ae intoduced (fom tansfomations in technology), is when thee will be new policies implemented. Duing this pocess, eveyone will have to go though a new couse that will explain these guidelines. Afte they have finished, is when they will sign anothe disclosue document.
If the kind of appoach was used by employes, it will help to avoid many of the legal challenges that ae impacting fims. This is because executives ae taking the Iowa Supeme Cout guidelines and ae going beyond them. In the event that they ae sued, the fim can demonstate that they ae doing above what is equied (when it comes to these challenges). It is at this point, that an employe can stike a balance between monitoing the activities of staff membes and potecting thei pivacy.
Refeences
Though…...
mlareferences cited in the paper in APA guideline format
Drug Testing in the Workplace
Most employers in the United States are not required to do drug testing on either current or potential employees, although the majority have the right to do so (United States Department of Labor, 2010). Drug testing is not required under the Drug-Free Workplace Act of 1988. The Act can be confusing and challenging for employers, however, since it essentially states that any organization receiving federal grants or contracts must be drug-free but does not contain language that specifically allows for drug testing (Thompson euters 2011). Many state and local governments limit or prohibit drug testing unless required for certain jobs with state or Federal governments.
As far back as 1997, the American Civil Liberties Union was deploring the use of drug testing in the workplace, citing an increase of 277% over a ten-year period (American Civil Liberties Union, 1997). Drug testing remains a controversial issue and one's…...
mlaReferences
Drug-free workplace policy builder. Section 7: Drug testing. (2010). U.S. Department of Labor.
Retrieved from http://www.dol.gov/elaws/asp/drugfree/drugs/screen92.asp
Drummer, O.H. (2006). Drug testing in oral fluid. Clinical Biochemist Reviews 27(30), pp. 147-
Privacy in America: Workplace drug testing. (1997). American Civil Liberties Union.
Internet: Privacy for High School Students
An Analysis of Privacy Issues and High School Students in the United States Today
In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it seems, are becoming victims of identity theft, one of the major forms of privacy invasion, and personal information on just about everyone in the world is available at the click of a mouse. In this environment, can anyone, especially high school students, reasonably expect to have any degree of privacy? High school students, after all, are not protected by many of the same constitutional guarantees as adults, but their needs for privacy may be as great, or greater, than their adult counterparts. To determine what measure of privacy, if any, high schools students can expect at home and school today, this paper provides an overview of the issue of privacy, followed…...
mlaReferences
Alarming Number of Teens Addicted to the Internet. (2001, February 1). Korea Times, 3.
Albanes, R., Armitay, O., Fischer, B., & Warner, J. (1998). Marijuana, Juveniles, and the Police: What High-School Students Believe about Detection and Enforcement.
Canadian Journal of Criminology, 40(4), 401-20.
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
Topic 1: The Ethical Implications of Artificial Intelligence (AI) in the Workplace
Key Issues:
The potential for AI to automate jobs and displace human workers, leading to unemployment and economic insecurity.
AI's impact on workplace privacy and surveillance, with AI-powered monitoring systems potentially infringing on workers' rights.
The need for ethical guidelines and regulations governing the development and use of AI in the workplace, to ensure fairness and protect workers' rights.
Topic 2: The Ethics of Genetic Engineering and Human Enhancement
Key Issues:
The potential benefits of genetic engineering, such as curing diseases, improving cognitive abilities, and extending lifespan.
The ethical....
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