NCJ Number
107117
Journal
Industrial Relations Law Journal Volume: 9 Issue: 30 Dated: (1987) Pages: 30-55
Date Published
1987
Length
26 pages
Annotation
This paper considers employees' privacy rights and the balancing interests of employers in the areas of employee information collection and confidentiality and testing for drug use and acquired immune deficiency syndrome (AIDS).
Abstract
A review of employee privacy protections focuses on privacy parameters for Federal employees under the Federal Privacy Act, particularly regarding employers' acquisition of information on the employee, employee access to such information, and the confidentiality of the information. The scope of State employee privacy laws, particularly in California, is also considered. The discussion focuses on the distinction between privacy rights guaranteed State and Federal employees under the U.S. Constitution and those guaranteed private employees. State and Federal laws bearing on the use of the polygraph with employees and applicants are outlined, as are laws and court decisions pertaining to employers' use of testing for AIDS and drug use. Court cases bearing on the issues discussed are summarized. 51 footnotes.