Maintaining one’s privacy, especially in the workplace, is a growing concern in today’s interconnected world. California has enacted robust laws, such as the California Consumer Privacy Act (CCPA) and the California Electronic Communications Privacy Act (CalECPA), to safeguard privacy rights. If you are working in the Golden State, you must be well-acquainted with these laws to ensure your personal and digital boundaries remain intact.
According to the state’s constitution, you have the right to sue employers for privacy violations. To prove a violation of privacy in the workplace, employees must show that their employer violated his or her reasonable expectation of privacy. This may include monitoring emails and communications on personal devices or recording a conversation without your permission. If you believe your privacy rights have been violated, speak with the employment lawyers at Blackstone Law to understand your rights and options.
Overview of Your Privacy Rights in the Workplace
In California, workers are entitled to privacy rights, which shield them from unwarranted employer intrusion into their personal matters. Article 1, Section 1 of the state’s constitution, further supported by the state’s labor code, specifies boundaries for employers concerning personal employee information. For instance, employers can monitor communications on company-owned devices, such as work-related calls, emails, texts, and even voicemails. However, they cannot demand access to personal accounts or social media credentials.
Employers can deploy video surveillance for security, but employees should be informed beforehand. In addition, employers cannot place cameras in workplace areas where workers have a reasonable expectation of privacy, such as restrooms, locker rooms, nursing rooms, or changing rooms.
Moreover, recording or eavesdropping on private conversations without consent is illegal. Secretly recording private or confidential communications is a violation of employee rights. Under California Penal Code Section 632, eavesdropping is a crime as well. If you suspect your rights have been breached, consider consulting the lawyers at Blackstone Law.
Employee Privacy Rights During the Hiring Process
According to the Civil Rights Department, The Fair Chance Act aims to reduce excessive barriers to employment for individuals with criminal histories. These laws ban employers from asking about an applicant’s criminal record during the preliminary application process. Therefore, it enables applicants to be evaluated based on their qualifications and avoid a passing opportunity due to their past criminal record.
Additionally, employers must adhere to the following privacy guidelines during the hiring process:
- Employers are restricted from asking certain personal questions during job interviews or on job applications, such as questions related to an applicant’s age, marital status, race, religion, sexual orientation, or other protected characteristics are off-limits.
- Questions about pay history may be unlawful. Under the California Equal Pay Act, employers cannot use pay history as a basis for employment decisions.
- Background checks and drug testing are common practices in the hiring process. However, they are subject to regulations in California. For instance, these checks must be warranted to the position for which you are applying, such as if you are interviewing for a position where you work with children.
Employers must strike a balance between gathering the necessary information for hiring decisions and respecting the privacy rights of job seekers. If your privacy rights have been violated during the hiring process, contact the lawyers at Blackstone Law right away.
Speak With the Leading Employment Lawyers at Blackstone Law
California privacy laws can be challenging to navigate on your own. If you suspect your privacy has been violated in the workplace, speak with the lawyers at Blackstone Law today. We can investigate your potential claim, gather necessary evidence, and seek damages on your behalf.
For a complimentary consultation, call our office today at (310) 956-4054 or fill out a contact form.
By Jonathan Genish|2023-11-30T09:49:31-08:00November 23rd, 2023|Employment|
