Privacy Issues in the Workplace

The department may not coerce an administrative search of locations other than those under departmental control. If the department wishes to avoid the possible exclusion of evidence when searching locations such as an officer’s vehicle or home, as well as a possible lawsuit for violation of civil rights, it must obtain the officer or firefighter’s consent or a valid search warrant. If an officer or firefighter is forced to comply with an order to permit a search to avoid a possible charge of insubordination, the officer or firefighter may have grounds for the exclusion of the evidence obtained as well as a civil lawsuit. For example, a federal court has held that a police officer is not required to open his home whenever reasonable suspicion exists that evidence may be found. Under such circumstances, an administrative warrant is improper and constitutionally infirm. 430  Retain a key or combination for each locker, desk or vehicle on agency property and notify the employees of this fact. Make sure any lock on agency property is owned and supplied by the employer and forbid employees to use their own locks.  Provide formal notice to employees that lockers, desks and vehicles may be searched without employee consent or knowledge and that refusal to permit such searches may result in discipline.  Prepare a written policy concerning searches and have each employee sign a written acknowledgment stating that the employee has received and read the written search policy. 3. C HECKLIST : G UIDELINES FOR C ONDUCTING S EARCHES

 Secure a valid search warrant prior to conducting a search at the request of the police.

 Conduct searches in an evenhanded and nondiscriminatory manner.

 If possible, obtain consent of the employee before conducting the search.

B. S EARCHES OF E MPLOYEES AND E MPLOYEE P ROPERTY The searching of persons and property is normally a function of law enforcement. Employer searches are fraught with potential hazards that can ultimately result in sizeable damage awards in favor of employees. Even where an employer has reasonable suspicion or probable cause to believe that an employee may have an item or a substance prohibited by law or policy in his or her possession, or in his or her automobile, the employer should not search an employee or an employee’s personal possessions. Employers have several other options:

 Ask the employee to submit voluntarily to being searched or to have his or her possessions searched.  Call local law enforcement and allow them to search if they determine that it is appropriate.

 Prevent the employee from continuing to work and send the employee home.

 Prepare to institute disciplinary action against the employee.

Privacy Issues in the Workplace ©2021 (s) Liebert Cassidy Whitmore 136