Privacy Issues in the Workplace

 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

A. W ORKPLACE R ELATIONSHIPS

1. M ARITAL S TATUS AND A NTI -N EPOTISM P OLICIES Federal and state equal employment opportunity laws, as well as the state Constitution, generally prohibit employers from making employment decisions based upon an employee’s marital status. However, anti-nepotism policies are permissible under narrow circumstances, when the marital status creates an unreasonable workplace conflict or hazard, and when the policies are narrowly tailored to respond only to the conflict or hazard. 512 Once it is determined that a legally recognized conflict-of-interest problem exists because of the relationship, explore all options, and take action that is non-discriminatory.

 Consider reassignment or transfer options.



Consult affected individuals.

Make the reassignment, transfer or termination action based on the preferences of the employees involved, or, if none, then on objective standards (personnel rules, memorandum of understanding, other relevant statutes, rules or regulations, past practice, seniority).

2. C HECKLIST : G UIDELINES FOR A NTI -N EPOTISM P OLICIES

 Review and update any current nepotism policy to make sure that it complies with the law prohibiting marital status discrimination.  Individually review any facts regarding a potential problem with supervision, safety, security or morale.  Supervision - is it likely that one of the spouses or related individuals would have supervisory responsibilities over the other?  Safety - is it possible that one of the spouses or related individuals may be responsible for making an important or emergency decision or taking any action that could be affected by the spouse or related individual’s co-employment?  Security - does the relationship raise questions about an individual’s ability to maintain the confidentiality or security of the employer’s property or matters to which the employer has a duty of confidentiality?  Morale - would or does the relationship pose problems for morale? Normally this would arise in connection with problems with supervision, safety or security.

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