Workplace privacy laws dictate the extent to which employees’ privacy is protected. They stipulate the degree to which an employer can monitor the activities of the workers and the roles of the management in protecting the privacy of its employees (Scone, 2012). This paper discusses three privacy laws and how workers can take advantage of them.
Workplace Privacy Laws
Electronics Communication Privacy Act (ECPA)
According to Zarkovic (2015), this law prevents employers from monitoring phone conversations of their employees. It follows that an employer cannot monitor personal phone calls even if the worker is using the company’s resources. The law also protects voicemail messages. An employer cannot listen, delete or respond to a voicemail of an employee (Zarkovic (2015). Monitoring can only take place with the consent of the employee, that is, the worker is aware monitoring is taking place.
Drug Tests Law
Scone (2012) gives three conditions under which the management can conduct drug tests. These conditions are; first, for an individual who has completed or is currently undergoing a rehabilitation program. Second, when an employee is suspected is drug abuse, and there is enough evidence to prove the need for a test. Lastly, in a situation where the work activities pose a risk to the employee and public. However, the law allows an employer to request for a drug screening report from the employees.
Employee Polygraph Protection Act (EPPA)
According to Scone (2012), this law governs the usage of lie detectors in the workplace. The author states that the management cannot use lie detectors in the workplace and in case they are using (in special conditions such as during a federal investigation), the employer has no right to request for the results. However, according to Zarkovic (2015), the polygraph can be used in certain employments such as security personnel and those in pharmacy (distributors, retailers, and manufacturers).
How Employees can take Advantage of Workplace Privacy Laws
ECPA Law
If an employee makes a private call to a family member and complains about the rudeness of the employer and how the worker dislikes the job, an employer cannot use the conversation for decisions such as firing the employee or punishing them with long working hours.
Drug Test Law
Some drugs such as bhang and coke remain in the body for an extended period of up to seven years. In case an employer conducts a drug test, and the drug is detected in the employee’s blood, the person can be retrenched or denied promotion. However, through the law, the worker is not obligated to take a drug test.
EPPA
Employees are not always satisfied with their jobs. If lie detectors are conducted in the job, they can reveal information that can affect the employment of individuals. For example, a person may have taken a leave to visit an old friend under the pretense of being sick. When the devices are used, the individual can lose their job. Hence, the act ensures the privacy of information.
In conclusion, the workplace privacy laws help protect workers. It prevents employers from interfering with their personal life. However, since factors such as drug abuse, money laundering and misuse of firm’s facilities are destructive to a company’s operations, the laws provide instances in which the laws may not be followed.
References
Scone, J. (2012). From Common Law to Civil Law, the United Kingdom's Change in Privacy Rights: Comparing Workplace Privacy Rights in Germany, the United States, and the United Kingdom. SSRN Electronic Journal. doi:10.2139/ssrn.2234831
Zarkovic, I. (2015). Measures of electronic monitoring of employees and the right to privacy in the workplace. Nauka, Bezbednost, Policija, 20(3), 165-182. doi:10.5937/nbp1503165z
