Companies in both the private and public sectors have legal and ethical obligations to protect their employees’ privacy. At the same time, employers have an obligation to provide a safe and secure workplace and the right to protect their proprietary information and processes. Ensuring corporate security while protecting employees’ privacy rights can be tricky. Privacy laws vary from state to state and company policies may also dictate some employee privacy rights. Failure to get this balance right can result in safety violations, fraud and theft or, on the other hand, expensive lawsuits for violation of privacy rights.

1. Corporate Security and
Employee Privacy: Getting the Balance Right
Timothy Dimoff, President, SACS Consulting
©SACS Consulting and Investigative Services www.sacsconsulting.com

2. Timothy Dimoff
Timothy Dimoff, president of SACS Consulting &
Investigative Services, Inc., is a speaker, trainer and
author and a leading authority on high-risk workplace
and human resource security and crime. He is a
Certified Protection Professional, a certified legal
expert in corporate security procedures and training,
a member of the Ohio and International Narcotic
Associations, the Ohio and National Societies for
Human Resource Managers, and the American
Society for Industrial Security. He holds a B.S. in
Sociology, with an emphasis in criminology, from
Denison University.

3. Basic Employee Rights
Personal information is private
Some rights are constitutional, some
set by federal or state laws
Some rights more a matter of
expectation than law

4. Basic Employee Rights
Right to review personal employee file
Copy of any job related document with your signature

5. Discrimination
Civil rights Act of1964 – employee
cannot be discriminated against
because of race, color, religion, sex or
national origin
Other bills ban discrimination on age and
disability
In some states, workers can be fired for
LGBT orientation!

6. FMLA
Up to 12 weeks unpaid time off
– Applies to employer of 50 or more
– Employee has worked 25 hours a week for 12
months
– Can take leave for birth, adoption or foster care
– Employee or family members serious health condition
– Family members active call to duty
– Family’s service-related injury

7. Worker’s Compensation
Workers have income protection and covered medical
services if they get hurt on the job

8. Basic Employer Rights
Protecting proprietary information and processes
Achieving balance between employee and employer rights
requires clear communication and fair implementation

9. Federal Laws – Employee Privacy
Health information is confidential
– Americans with Disabilities act (ADA)
– Family and Medical Leave Act (FMLA)
– Genetic Information Nondiscrimination Act (GINA)

10. Federal Laws – Employee Privacy
Cannot seek information about illness, disability or genetic
information; violates ADA and FMLA
If physical function (e.g. heavy lifting) is necessary you can
require physical exams
– Do NOT ask for genetic information (family history)
Occupational Safety and Health Act (OSHA) allows
employees right to see records to exposure to hazardous
substances

11. Sexual Harassment
Unlawful to harass a person because of their sex or to infer
that sexual conditions apply to employment
Cannot make work environment uncomfortable because of
sexual comments or inferences
Standard measure: “hostile or offensive work environment.”

12. Legitimate Reasons for
Personal Inquiries
Avoid any questions that violate antidiscrimination laws
(age, marital status, race, sex)
Obtain personal inform only for business purpose (motor
vehicle records for applicants for driving jobs)
State laws regarding lie detector tests differ; some don’t
permit them
Be aware of state laws that may limit drug testing
– Let employees know if they are subject to random
drug testing

13. Clearly Communicate Privacy Policies
Describe any video or telephone monitoring
– Businesses that serve public may use cameras
– Customer service operations may monitor phone
conversations
Avoid monitoring privacy: personal phone calls, rest rooms,
locker rooms

14. Explain any circumstances that would led to a search of a
desk, purse, locker, briefcase
– Retrieve company-owned materials
– Follow up on valid suspicion of wrongdoing
Clearly Communicate Privacy Policies

15. Clarify Email/Internet Policies
Employer provides internet and email for business
purposes
Inform employees that their employer has a right to monitor
or review electronic communications
State that non-business uses could be cause for
disciplinary measures

16. When You Can Fire Legally
Employment at will - allows for any reason not limited by
contracts, state laws or other illegal situations
Violations of employee handbook
Documented poor performance

17. When You Can Fire Legally
Make sure that disciplinary steps were followed and
documented
Employees must be informed, and given a chance to
correct actions
Employees can’t be fired for any discriminating reason –
age, sex, etc
No retaliation for complaints, time off for jury, union
activities, etc.

18. Questions
?

19. Thank-you for participating
If you have any questions, please feel free
to email them to:
Timothy Dimoff, President, SACS Consulting
tadimoff@aol.com
Joe Gerard, Vice President Marketing and Sales
j.gerard@i-sight.com