Workplace Privacy Legal Overview

Most people consider their privacy to be very important. There is some information you may not want your employer to know. Employers can infringe on employees' privacy in a number of ways. In response to this, courts, the federal government and state governments have attempted to regulate privacy rights and impose some limitations on employers.

Employee tests
An employer could require you to take a test--a drug test, a job-skills test, a physical or medical exam, a lie detector test, an AIDS test or a personality test--that might reveal something about yourself. To protect the privacy interests violated by these tests, employers have restrictions on when and if they can administer such tests.

Background checks
Employers may also try to look into your background. This usually occurs when they are deciding whether to hire you for a position. The Fair Credit Reporting Act requires employers to get your permission before acquiring your credit information.

Surveillance and searches
If employers are concerned about employee misconduct, they may conduct surveillance or searches of employees. This can include listening in on phone conversations or reading e-mail messages.

Personnel files and medical files
Another privacy issue that arises in the workplace occurs when employers gather information on employees through medical files or personnel files. Employees typically don't want that information given out. Many states have enacted laws granting employee access to personnel files and the right to correct inaccurate information.