Privacy Issues in the Workplace

 Legal snapshot: Personal and Off-Duty Conduct

 Constitutional Right of Privacy, Cal. Const. art. I, § 1  First and Fourth Amendment of the U.S. Constitution

 Title VII of the Civil Rights Act of 1964

 Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12900 et seq.  Public Safety Officers’ Procedural Bill of Rights Act, Cal. Gov. Code §§ 3300 et seq.  Firefighters Procedural Bill of Rights Act, Cal. Gov. Code §§ 3250 et seq .

Applicable laws:

 Various other federal and California statutes



Common law torts



Applicants and employees

Who and what is protected?



Personal workplace relationships

 Personal activities and off-duty conduct

 Base hiring and promotional decisions on personal relationship unless it would pose an unreasonable workplace conflict or hazard  Base employment decisions upon employees’ personal conduct unless there is a sufficient nexus to the employee’s position

Generally, employers must NOT:

 Employee’s right of privacy in personal

The balancing test for this is:

relationships and activities versus employer’s legitimate workplace interests of productivity and safety

Privacy Issues in the Workplace ©2021 (s) Liebert Cassidy Whitmore 161