SSN Policy Manual

The Privacy Laws

There is no single law that protects an employee's right to privacy. Instead, protections are derived from a patchwork quilt of laws that offer some privacy protection in the workplace. There is, of course, the fourth amendment to the Constitution, which prohibits unreasonable search and seizure, but that only protects against the government. Additionally laws vary from state to state, and some states give workers more privacy protection than others. Some states place statutory restrictions on certain types of invasions of privacy, such as random drug tests. Below are some of the main federal laws, in addition to those that were discussed elsewhere, that provide some privacy protections in the workplace: The Americans With Disabilities Act: Prohibits employers from requiring physical examination or requesting medical information prior to a conditional offer of employment. It requires that physical exams of existing employees be job-related. The Electronic Communications Privacy Act: Gives employers the right to monitor e-mail and voice mail of their employees if the messages are on a system provided by the employer. If the system is provided by an outside supplier, the employer needs authorization from the sender or receiver of the message to access it. The Employee Polygraph Protection Act: Restricts the use of lie detector tests in the workplace of most employment settings as a pre-employment screen or for discharging an employee who refuses to submit to a polygraph test. Exceptions include security guards working for security firms and firms that work with controlled substances. Fair Credit Reporting Act: Requires employers to notify an employee if a credit check is made and must inform employee if actions are taken based on the report. The Federal Privacy Act: Covers only federal employees. It requires disclosure to employees of personnel records, allows them to examine, copy and challenge the information. It restricts contents to current, accurate and relevant information and limits access to outsiders. The Omnibus Crime Control and Safe Streets Act of 1968: Prohibits employers from listening in on private conversations of employees.