The U.S.' increasingly technology-savvy work force quickly is
surpassing employers' ability to adapt to new, dynamic forms of
communication; many private and public sector employers find
themselves playing catch-up. With employees' increased access to
technology in the workplace, many employers want to be sure such
access is used reasonably. However, employees' privacy rights must
be considered.
Federal and state laws regulating workplace privacy have
clarified employees' right to privacy and employers' right to
monitor. Nevertheless, there are innumerable gray areas that can
cause trouble for even the most well-intentioned employers.
Privacy concerns are deeply rooted in intrinsic constitutional
values, specifically those enumerated by the Fourth Amendment,
which protects against unreasonable searches and seizures. Indeed,
the line between privacy concerns regarding public and government
employers and privacy concerns regarding private sector employers
is blurry. And the average employee has difficulty determining the
parameters of his or her privacy interests and rights in the
workplace. Various federal and state laws have been created
specifically to demarcate privacy rights and obligations inside and
outside...
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