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REALTOR® Emeritus |  | Risk management Controlling Personnel Risks | | ||
|  Three Lines of Defense Against Risk Keeping Risks Under Control Controlling Transaction Risks Agency Disclosure Avoiding Antitrust Risks Minimizing Liability from Contracts Fair Housing Risks Controlling Personnel Risks Communications Policies to Minimize Risks Insuring Against Risks More Resources: Controlling Business Risks Code of Ethics: Controlling Business Risks | Workplace Privacy—An Emerging Issue Although federal law gives employers wide latitude in monitoring workers' activities, a written policy on workplace privacy is an essential part of office policies and procedures. In formulating your office guidelines, consider the following issues.
TIP: Medical records must be kept separate from performance records, and strict confidentiality must be maintained.
TIP: The Electronic Communications Privacy Act prohibits companies from eavesdropping on workers' [either employees or independent contractors] personal conversations at work. The law includes phone calls and audio-video devices, but it does not protect personal communications that occur through means other than the spoken word, such as e-mail. If you are monitoring calls, and the conversation takes a personal turn, immediately stop the monitoring. —Sarah Boehle, “They're Watching You,” Training, VNU USA Inc., August 2000 6 Tips On Privacy Don't create an expectation of privacy. Let workers know from day one which of their activities will be monitored and how. 1. Have a written privacy policy and post it in a prominent place. 2. Get workers' acknowledgement of the policy by having them sign a statement to that effect and keeping it in each worker’s personnel file. 3. Have a reasonable business purpose for monitoring. 4. Minimize intrusion in monitoring, and avoid humiliating employees. 5. Be consistent in applying the policy. 6. Keep all information confidential. TIP: Employers are justified in stepping over the privacy line to prevent sexual harassment lawsuits. —Dave Lenckus, ”Policies on Privacy Issues: Help Reduce Employee Risks,” Business Insurance, Crain Communications Inc., May 8, 2000 Liability for Personal Assistants > | |