Briefing the Cost Club Senior Regional Staff
Melissa Sivigliano
HRM 546
November 5, 2012
Aaron Kemp

Statutory Regulation of Employment

Employee Privacy: I. Public Sector: segment of workforce represented by governmental employers that are protected by the Constitution. a. Fourth Amendment: Protects against unreasonable search and seizure i. Search includes the retrieval of blood samples and other bodily invasions, including urinalyses, as well as the collection of other personal information. ii. Formal written notice required of intent to search prior to searching any employer-owned property (i.e. lockers, desks). 1. Consent is recommended because an employee has a greater expectation of privacy in those personal areas. 2. To avoid a false imprisonment claim, employer must not confine the employee to one area of an office during the search. b. The 5th and 14th Amendment: State may not restrict rights of government employees’ unless it is justified. iii. Infringement or restriction is subject to the strict scrutiny of the courts. c. The Privacy Act of 1974: regulates the release of personal information about federal employees by federal agencies. iv. Four Basic Principles: 3. Employees should have access to their own personnel files and an option for them to find out the purpose for which the files are being used. 4. Mechanism set up by which an employee may correct or amend an inaccurate record. 5. Employee should be able to prevent information from being inappropriately revealed or used without her or his consent. 6. Individual in charge must maintain that information will not fall into the wrong hands and the information contained within the files is accurate, reliable, and used for the correct reasons.