Big Brother: Privacy In The Workplace
While most people expect to enjoy privacy rights at all times, there are certain limitations to these laws in the workplace setting.
Today, employers rely on technology more than ever to run their business and monitor workplace communications. And, Georgia law protects the employers’ right to monitor certain workplace areas for legitimate reasons despite many employees believing that video surveillance or monitoring is an intrusion of their privacy.
It is important for employers to understand when and how they can use these rights. This will help employers to make effective workplace policies and avoid privacy claims.
Monitoring Emails and Internet Usage
Emails sent through a company’s computer systems are an employer’s property. Employers have the right to view and monitor employees’ emails for valid business reasons. Note that employers often submit email records in courts as evidence to prove an employee’s wrongdoing.
Furthermore, employers have the right to track the browsing history of their employees. The employers reserve the right to block specific internet sites or limit the time an employee may spend on specific sites, such as YouTube.
Monitoring Telephonic Conversations and Voicemail messages
Many employers use electronic surveillance systems to monitor the voicemail messages and phone conversations. While the law protects employers’ right to record calls to and from their office, there are certain limitations.
Under the Electronics Communications Privacy Act (ECPA), employers cannot monitor the personal phone calls of their employees, even if they made the call on the work premises. Employers can only monitor personal telephonic conversations of employees with their consent.
In addition, the ECPA protects employee’s personal voicemail messages. Employers can face legal consequences for reading, disclosing, deleting, or preventing access to an employee’s voicemail messages.
Video Surveillance at the Workplace
Placement of cameras in the common areas of the workplace is legal as long as it is for legitimate business reasons. Some of the valid legal grounds for conducting video surveillance in workplace settings include providing security and preventing theft.
It is important to know that there are legal limits to places where the employers can place the cameras. Generally, employers can place cameras in areas where the employees have little to no expectation of privacy. In Georgia, the employers cannot place cameras in the restrooms, break areas, and changing rooms.
In addition, employers should be careful when conducting audio recordings in the workplace. Note that Georgia law prohibits wiretapping; it is unlawful for a third-party non-participant to overhear, transmit, or record private conversations intentionally.
If the video cameras are also taping sound, employers may run the risk of breaking wiretapping laws, even if the employer had legitimate reasons for video surveillance. Therefore, it is better for employers to notify their employees of the existence of cameras.
Drug Testing in the Workplace
Drug testing in the workplace is legal in many states. The employer can ask prospective or existing employees to submit to drug screening. However, the circumstances in which an employer may test employees for drugs and the methods of drug testing vary from one state to another.
The Georgia Drug-Free Workplace law requires employers to maintain a drug-free environment in the workplace. The law offers discount on workers’ compensation insurance premiums to employers who follow certain regulations, including applicant drug testing.
The law requires employers to notify the employees about drug testing in writing. Employees must have 60 days of notice of the policy. Employees testing positive for drugs have 5 days’ time to explain their drug use.
Employers can ask employees to submit to drug testing in the following circumstances
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When the employee is currently enrolled or has recently completed a drug rehabilitation program. However, if the employee entered the rehab voluntarily and not due to a positive drug test, then there is no need to test the employee for drugs.
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When the employee gets involved in a work-related accident allegedly due to drug abuse.
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When the employer has reasonable evidence that the employee is using drugs.
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When the employee exhibit behavioral changes, such as slurred speech or glassy eyes.
Knowledge of these rules can help employers avoid a privacy related claim, but stay tuned if regardless of having done everything right, your company has received a claim.