Did you know your right to privacy extends to the workplace? California laws provide protections to prevent undue intrusion by an employer.
These rights are enshrined in the California Constitution, the state Labor Code and other statutes. They cover various aspects of workplace privacy, involving communications, background checks, and the handling of personal information.
How employers can illegally violate privacy
Your boss could compromise your privacy in several ways. Although it is often unintentional, that does not make it right, nor does it preclude you from seeking a remedy. Here are some common unlawful practices:
- Unauthorized monitoring: Employers may monitor business communications, but accessing personal emails or social media accounts without consent is illegal. This includes requiring employees to disclose passwords or access personal accounts in the employer’s presence.
- Unlawful background checks: Checking a prospective employee’s background is generally legal, but employers must comply with specific regulations. For example, they cannot inquire about personal information, such as reasons for leaving previous jobs or past relationships with co-workers.
- Illegal surveillance: A business establishment can certainly have surveillance cameras to deter theft and other activities. However, installing cameras in private areas like restrooms or locker rooms is a clear violation of privacy rights.
These practices not only breach legal standards but also erode trust and morale within the workplace.
What employees can do about it
It’s important to understand your privacy rights under California law and to keep detailed records of suspected violations. If you believe your rights have been violated, it’s wise to get legal guidance. This can help you protect your privacy and hold your employer accountable for any violations.