Most managers and supervisors understand that employees working for private employers have some level of privacy in the workplace. But, where to draw the line between the sometimes competing interests of an employee's right to privacy, and an employer's interest in obtaining information is not as easy to understand. In this briefing, front-line leaders will explore this line and learn key information about how to successfully navigate their obligations surrounding confidentiality and privacy rights in the workplace.
Employee privacy rights
Employee speech and other expression rights
Employers' legitimate interests that can override employee privacy rights
Employers' obligations pertaining to various types of employee information
Personal information (social security number, date of birth, driver license info)
Medical information (ADA, FMLA, and genetic info)
Background check results, Drug test results (under Utah law), and Polygraph test results
Employer obligations surrounding monitoring, surveillance, searches, and seizures
Off-duty Conduct and Social Media issues
Managers and supervisors who work for private employers. This briefing does not explore the unique issues related to public (or governmental) employers.
Jeff Holdsworth, Esq. SPHR