Outline of Final Paper
Mia A. Rapier
BUS 670: Legal Environment
Instructor Leah Westerman
December 7, 2014
It is my intention to develop a final Business 670, Legal Environment, paper on the legal and ethical issues of employee monitoring. This paper will cover the different types of monitoring typically conducted by employers for their employees including searching their desk, office, or work area and occasionally their computer. Electronic communication is also an area on contention regarding this issue – can employers legally and ethically review employees’ electronic data available at the work site such as emails of phone calls and text messages on company telephones? This paper will examine several aspects of business law as it pertains to these issues as well as the subsequent ethical concerns that arise. The two ethical theories that best pertain to the topic of employee monitoring are ethical absolutism and deontology. Ethical absolutism is “an ethical philosophy tied in to the central idea that there are certain universal standards by which to measure morality and justice” (Seaquist, 2012). Whereas deontology refers to “a duty-based ethical theory that emphasizes individual rights and good intentions” (Seaquist, 2012). The paper will expound on the various facets of these theories as they relate to the topic and hand, to best present rationale and clarification for the choices some employers make when monitoring their employees. There are workplace monitoring laws in effect to protect the rights and privileges of both employers and their employees. Two of the most recognized laws are the Federal Privacy Act and the Federal Wiretapping Act/Electronic Communications Privacy Act. “The Federal Privacy Act restricts the collection of information and regulates access to information for federal employees and covers private employers who have federal contracts requiring specific recordkeeping obligations” (SHRM, n.d.). “The Federal Wiretapping Act/Electronic Communications Privacy Act prohibits the intentional interception or disclosure of any wire, oral, or electronic communication where there is a reasonable expectation of privacy” (SHRM, n.d.).
Reference
(2009, February 18). Program looks at how to monitor employees. Daily Herald (Arlington Heights, IL). p. 2. Retrieved from http://eds.b.ebscohost.com.proxy library.ashford.edu/eds/detail/detail?vid=10&sid=b316a12a-218e-49cf-996a f3261cf8e502%40sessionmgr110&hid=104&bdata=JnNpdGU9ZWRzLWxpdmU%3d# b=edsnbk&AN=12672D57F69CE948
Asman, M. F., & Essex, P. A. (2001). Electronic Monitoring of Employees. Ohio CPA Journal, 60(1), 25. Retrieved from http://eds.b.ebscohost.com.proxy library.ashford.edu/eds/detail/detail?vid=9&sid=b316a12a-218e-49cf-996a f3261cf8e502%40sessionmgr110&hid=104&bdata=JnNpdGU9ZWRzLWxpdmU%3d# b=f5h&AN=4191063
Halpern, D., Reville, P., & Grunewald, D. (2008). Management and Legal Issues Regarding Electronic Surveillance of Employees in the Workplace. Journal of Business Ethics, 80(2), 175-180. doi:10.1007/s10551-007-9449-6. Retrieved from http://eds.b.ebscohost.com.proxy library.ashford.edu/eds/detail/detail?vid=2&sid=b316a12a-218e-49cf-996a f3261cf8e502%40sessionmgr110&hid=104&bdata=JnNpdGU9ZWRzLWxpdmU%3d# b=bsh&AN=31999219
Hartman, L. P. (1998). The rights and wrongs of workplace snooping. Journal of Business Strategy, (3). p16. Retrieved from http://eds.b.ebscohost.com.proxy library.ashford.edu/eds/detail/detail?vid=6&sid=b316a12a-218e-49cf-996a f3261cf8e502%40sessionmgr110&hid=104&bdata=JnNpdGU9ZWRzLWxpdmU%3d# b=edsgbe&AN=edsgcl.20982044
Kearney, M. (2011). Legal trends in protecting personal information. The SciTech Lawyer. p. 20. Retrieved from http://eds.b.ebscohost.com.proxy
