Now they can do something about it. The more employee groups become aware of supervisory surveillance, the more likely they are to take action - including going to court. That's why proactive managers are beginning to prepare for the next wave of litigation. The prospect of proliferating lawsuits claiming invasion of workplace privacy now has lawyers across the country celebrating in anticipation. Just as sexual harassment lawsuits and threats of lawsuits changed the face of the workplace in the 80's and 90's, worker privacy litigation may alter the way supervisors do business in the next decade.
Most states now have privacy protection legislation.
A current trickle of litigation questioning employer's right to violate worker privacy is predicted to grow. Part of the problem lies in the absence of definitions. There is no hard and fast agreement on reasonable expectations for rights of privacy. Clear answers don't currently exist. Just as definitions, parameters and boundaries regarding sexual harassment had to be hammered out in courts and, costly lawsuits over time, privacy issues will be determined in courtrooms across the country.