Employer Privacy
Employees in today's society are worrying about their privacy in the workplace. A problem that has become a big controversial issue is monitoring in the work environment. The purpose of this report is to analyze the fairness and control over the personal privacy infrastructure of the workplace. Monitoring employees work output such as e-mail, business calls, or searching through files, is a subject that is highly complex. Employers today are interested in screening their employees to make sure that customers are being treated properly. A study done in April of 2000, by the American Management Association, found that the number of companies today that are monitoring their employees has risen from 45% in 1998 to 74% in 1999. (Benner, 2001) It is in question whether or not work output is subject to review by your company. Employers have a number of reasons to monitor an employee's work out put. An employer's interest in employee personal information is in order to com!pliance with discrimination laws, to administer work place benefits, or to appropriately place workers in positions. The incorporation of the European Convention on Human Rights through the Human Rights Act may make it possible to challenge some surveilla
Some state laws have require, for example, that not only the employee but the person on the other end of the phone must know about and consent to the call being monitored. ("Privacy Rights Clearinghouse," 2001) The best way to ensure the privacy of your personal calls made at work is to use a pay phone or a separate phone designated by your employer. According to Goldsmith (2001) employers can obtain a list of Employee phone calls through a pen register. The pen register allows the employer to see a list of phone numbers dialed by your extension and the length of each call. Employers have an interest in how efficient the operations are with in their workplace, which causes an employer to use some form of monitoring to get the results that they desire. Some employers notify their employees before installing a video surveillance camera. Employees agree that they should be under a supervisor's watchful eye, but some agree that video is unreasonable. " The camera, unlike the human eye, never blinks." The Fourth Amendment prohibits management from observing electronically what it can see with the naked eye. "What a person knowingly exposes to the public, even in his own home or office, is not a subject of the Fourth Amendment protection". (1967, Katz v. United States) Some employers say that they could assign humans to monitor the workstation but using a video camera with out a microphone, is basically the same of what the human eye could observe. Organizations like the Sheraton hotel justify using their use of hidden surveillance cameras in emp! On the other hand monitoring and surveillance can give employees the feeling that they are not to be trusted and thus foster a defensive mentality, which is destructive to both workers and employers. (International Labor Organization, 2001) Most often surveillance is conducted secretly. Among the range of different types of surveillance, video surveillance has the widest consequences for the employees' right to privacy. Videotape recordings of an individual who conducted themselves with an assumption of privacy, have the potential to cause embarrassment and even harm to themselves. In 1992, Bruno Frey found evidence that monitoring employees worsened their morale and thereby negatively affected their performance. Employees might feel that this gives them a lack of respect when employers are watching over their shoulders, which could definitely affect their productivity. The standard procedure for drug testing can be mortifying and degrading to an individual. The test must be administered in front of an eyewitness to prevent the tampering of the urine specimen. This can only cause an individual to feel as if they have been violated in some sort of evil sick way. Dr. Kent Holtorf, points out that secondhand smoke from marijuana and crack cocaine is taken up in a person's hair, which produces positive test results when hair is sampled for drugs. The more melanin in a person's hair, the greater the risk of absorbing a drug through secondhand smoke. African-Americans have greater concentrations of melanin in their hair, which causes them to run a greater risk of coming up positive on a urine test (Elias, 2001). The employer owns the computer network and the terminals, he or she is free to use them to monitor employees at will. Employees are given some protection from computer and other forms of electronic monitoring under certain circumstances. (Nolo,2001) Public sector employees may have some minimal rights under the United States Constitution, in particular the Fourth Amendment, which safeguards against unreasonable search and seizure. In most cases, employees find out about computer monitoring during a performance evaluation when the information collected is used to evaluate the employee's work. 5.3% taped and reviewed voice mail
Some common words found in the essay are:
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Approximate Word count = 3555
Approximate Pages = 14 (250 words per page double spaced)
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