Eyes are Watching Electronic Workplace Monitoring By Nicki Jhabvala Casena Leazer

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Eyes are Watching Electronic Workplace Monitoring By Nicki Jhabvala Casena Leazer Slide 2 HISTORY 101 abridged Better technology = Greater Communication = More commonly used = Greater need for regulation Slide 3 HISTORY 101 abridged For businesses, regulation is with electronic monitoring Slide 4 Forms of Monitoring o E-Mails oVideo Surveillance oVoice Recording oTelephone Recording; Retrieving Voicemails oGPS Tracking oKeystrokes oWeb sites visited oTwo-way mirrors oWiggles Slide 5 A Few Numbers AMA Survey of 526 American Companies ~ 75% of companies use some form of monitoring 60% use software to monitor e-mails and IMs 51% monitor time spent on company phones & the number of outgoing calls made 51% use video surveillance in the office 8% use a GPS system to monitor company car 5% monitor company provided cell phones Slide 6 Put it Into Perspective Those 51% who monitor phone calls yeah, well it used to be only 9% in 2001. And those 51% who use video surveillance was 33% in 2001. 26% have fired their employees for misusing internet ouch. Slide 7 The Debate Where is the line drawn between an employees right to privacy and an employers right to regulate the company? Slide 8 Staffers Side Simply working for someone does not give them the right to intrude upon basic human rights and common courtesies. Slide 9 WHY? (1) Trust: hiring implies mutual trust (2) Personal things: some things an employee may do at work are for personal reasons and, frankly, none of an employers business (3) Necessity: not all forms of monitoring are necessary or relevant to company business (4) Less Restrictive Means: If an employer is trying to foster productivity and maintain company loyalty, there are better ways of going about doing that. (6) Discrimination: acts of retaliation against employees (5) Stress: creates an unpleasant environment at work Slide 10 Constitutional Protections The constitutions of 8 states explicitly protect privacy and offer greater protection of the rights of public employees than the U.S. Constitution does. However, these documents protect public employees and the protection does not extend to the private sector. Exception: California. It has extended its state constitution's protection of privacy to private AND public employees In Short: Not much constitutional protection for employees that is clearly and explicitly stated. Slide 11 The Boss-mans Side If an employee is under the umbrella of an employer either by physical location or through use of company equipment, employers have every right to monitor the behavior of its employees. Slide 12 Why? (1) Electronic Communications Act of 1986 = OVERRULED! Established before internet, so its obsolete (2) Todays Common Law: if you are using anything that is owned by the company, and employee should have no expectations of privacy (3) Prevention & Loyalty: dont want company info from being leaked (4) Keeping Tabs: when theyre on the clock, employees to be doing work (5) Fend off Litigation: explicit proof for when an employee sues an employer (6) Federal Example: if the govt. can do it, I can too Slide 13 Law is on the Boss-Mans Side Can my employer listen to my phone calls at work? In most instances, YES! Only when all speakers are in California must consent be required for recording. Slide 14 Law is on the Boss-Mans Side If I wear a walkie-talkie headset, are my conversations with co-workers subject to monitoring? YES! Slide 15 Law is on the Boss-Mans Side Can my employer obtain a record of my phone calls? YES! Slide 16 Law is on the Boss-Mans Side Is my employer allowed to see what is on my terminal while I am working? Generally,YES! An Exception would be Union Contracts where state law doesnt supercede them. Slide 17 Law is on the Boss-Mans Side Is electronic mail private? What about voice mail? NO! Not if sent or received from a company computer! Slide 18 Law is on the Boss-Mans Side When I delete messages from my terminal, are they still in the system? Yessirreee! Slide 19 Law is on the Boss-Mans Side My employer's electronic mail system has an option for marking messages as "private." Are those messages protected? NOPE! Slide 20 Law is on the Boss-Mans Side What about my employer's promises regarding e-mail and other workplace privacy issues. Are they legally binding? Ummm . NO! Slide 21 Boss-Mans Bottom Line Your purpose at work is to work. Read the company manual and make sure you are not violating any rules because your boss is watching. Slide 22 Case Study (2001) An employee was arrested after a co-worker found him looking at pornographic sites at work After arrested, company searched his computer files and e-mails and found nude/semi-nude photos of his 10- year-old stepdaughter, which he used to gain access to a child porn site and e-mails he sent to others regarding child pornography Mother of 10-year-old sued the company because she felt they did not do a good job of catching the employees activities earlier MOM WON, Company learned from mistake AKA now uses electronic monitoring Slide 23 Cramer v. Consolidated Freightways Consolidated installed secret video taping and two-way mirrors in bathrooms to catch employees using illegal drugs. Lloyd Cramer and other employees of Consolidated sued for invasion of privacy Employees and Consolidated part of collective bargaining agreement that covered the uses the employer could make of video cameras to discipline or discharge an employee California prohibits two-way mirror surveillance CONSOLIDATED LOST Effect of Case: company contractual agreements are pre- empted by state laws and regulations Slide 24 So What Can You Tell Ma & Pa ? That your tuition bill is worth every penny Cause you won some candy in Jeopardy today! Slide 25 Jeopardy NumbersFormsLawEthicsReasons $100 $200 $300 $400 $500 $100 $200 $300 $400 $500 Final Jeopardy Slide 26 $100 Question from Numbers According to the 2005 AMA Survey, the percentage of American companies use some form of monitoring. Slide 27 $100 Answer from Numbers What is 75 percent? Slide 28 $200 Question from Numbers According to the 2005 AMA Survey, this percentage of American businesses monitor company cars with a GPS System. Slide 29 $200 Answer from Numbers What is 8 percent? Slide 30 $300 Question from Numbers According to the 2005 AMA Survey, this percentage of American businesses use video surveillance. Slide 31 $300 Answer from Numbers What is 51 percent? Slide 32 $400 Question from Numbers According to the 2001 AMA survey, this percentage of American businesses used video surveillance. Slide 33 $400 Answer from Numbers What is 33 percent? Slide 34 $500 Question from Numbers According to the 2005 AMA survey, this percentage of American businesses actually fired those employees who misused the Internet. Slide 35 $500 Answer from Numbers What is 26 percent? Slide 36 $100 Question from Forms This is the most commonly used form of electronic monitoring. Slide 37 $100 Answer from Forms What is e-mail monitoring? Slide 38 $200 Question from Forms In Cramer v. Consolidated, the defendant was accused of using this type of electronic monitoring. Slide 39 $200 Answer from Forms What is video surveillance OR Two-way mirrors? Slide 40 $300 Question from Forms Keeping tabs on an employee in the restroom is often done with this type of monitoring. Slide 41 $300 Answer from Forms What is video surveillance. Slide 42 $400 Question from Forms If you decided to use the company car to take your date out to dinner, I could hunt you down with this form of monitoring. Slide 43 $400 Answer from Forms What is GPS tracking? Slide 44 $500 Question from Forms If you called your mommy, I could easily monitor your call with this. Slide 45 $500 Answer from Forms What is telephone recording? Slide 46 $100 Question from Law True or False: If you was your employer and you used the companys computer, I could keep track of your e-mails from the computer. Slide 47 $100 Answer from Law What is TRUE? Slide 48 $200 Question from Law This act was basically useless in terms of regulating the Internet. Slide 49 $200 Answer from Law The Electronic Communications Act Slide 50 $300 Question from Law True or False: If you were my employee, you could sue me for invasion of privacy if I monitored your telephone calls from the companys phone. Slide 51 $300 Answer from Law What is FALSE? Slide 52 $400 Question from Law True or False: Just because your e-mails are labeled as private, they really arent. Slide 53 $400 Answer from Law What is TRUE? Slide 54 $500 Question from Law True or False: The 8 state constitutions that explicitly protect individuals workplace privacy generally serve private employees only. Slide 55 $500 Answer from Law What is FALSE? Public only. Slide 56 $100 Question from Ethics This is the main argument employees have with electronic monitoring in the workplace. Slide 57 $100 Answer from Ethics What is Privacy? Slide 58 $200 Question from Ethics True or False: Most people are OK with their employers tallying their trips to the restroom. Slide 59 $200 Answer from Ethics What is Dunno, whatever floats your boat, I guess. Slide 60 $300 Question from Ethics True or False: Companies believe they have a right to maintain control of business operations. Slide 61 $300 Answer from Ethics What is True? (generally) Slide 62 $400 Question from Ethics According to most employees, being hired implies this. Slide 63 $400 Answer from Ethics What is trust? Slide 64 $500 Question from Ethics Monitoring that serves as an act of retaliation against employees is commonly considered to be this. Slide 65 $500 Answer from Ethics What is discrimination? Slide 66 $100 Question from Reasons One reason companies give for using monitoring is that it provides explicit proof for this. Slide 67 $100 Answer from Reasons What is fending off litigation? Slide 68 $200 Question from Reasons One reason companie