Organizational Surveillance of Computer-Mediated Workplace Communication: Employee Privacy Concerns and Responses

Email, social media, and other types of computer-mediated workplace communication tools can enhance flexibility in how employees perform their jobs, expand networking opportunities, increase profits, cut costs, and enable collaboration among diverse groups across the globe. Despite their advantages, these technology tools can also cause security breaches, financial loss, employee distraction, and lawsuits. To prevent such damaging consequences, many companies monitor their employees’ computer-mediated workplace communication. However, this surveillance is often met with resistance from employees as it taps into concerns over workers’ privacy rights, due process, and fairness. We examine these employee concerns through an empirical study of full-time working adults’ beliefs about their computer-mediated workplace communication privacy and their evaluations of organizational justice, trust in upper management, and commitment to the organization. Our results suggest that employees who perceive less computer-mediated workplace communication privacy tend to view their organization’s policies as less fair, trust upper management less, and demonstrate less commitment to their organizations. Furthermore, results indicate that procedural justice mediated the relationship between privacy and organizational commitment and moderated the relationship between privacy and organizational trust.     

Integration of collective bargaining and formal worker participation processes: Boon or barrier to worker rights?

Many employers are extending workplace rights by allowing for more employee voice in decision making. Numerous unionized organizations have established formal worker participation processes to help achieve this end and to improve organizational performance. Based largely on theory, such processes are normally designed to operate independently from the bargaining process. The purpose of this study was to examine the relationship between participation and bargaining processes, and the effect of this relationship on workplace satisfaction. A total of 712 Midwest union officials were surveyed, and the results indicate that the processes tend to become integrated in the workplace. Further, union officials' workplace satisfaction was greater where formal worker participation is institutionalized within the bargaining process.     

Giving to get loyalty: How organizations signal their loyalty to employees

Organizations are currently struggling to attract and retain human capital. The Pandemic and economy have a fueled reduction in numbers of participants in the workforce. The effect has been many employers struggling with fewer employees then they would like and need to successfully execute their business strategy. Most observers believe that a combination of low pay, a lack of workplace flexibility, poor opportunities, and benefits, have led to this large-scale labor unrest. Understanding how organizations can earn employee loyalty is more critical than ever. This article presents practical ideas for how organizations can earn employee loyalty from reviewing responses from 54 working graduate students and a review of loyalty research to provide actions organizations can take within jobs, co-workers, supervisors, and organizational policy to earn employee loyalty. As well this article provides checklists that organizational leaders can use as starting points for thinking about what they might do to signal their loyalty to employees. These checklists can also be used to engage employees in conversations about what is most important to them and discover what employees expect from their organizations as a fair trade for their loyalty.     

Workplace Privacy: Employee Relations and Legal Implications of Monitoring Employee E-mail Use

The tradeoff between employees’ workplace privacy and employers’ need to protect company assets, safeguard proprietary information, and avoid costly litigation has been receiving increased attention (Lee and Kleiner 2003; Mello 2003; National Workplace Institute 2004). This tradeoff often favors employers, as the legal system provides much leeway for employers to monitor employees’ electronic communications in the workplace. However, employers need to consider the effect such monitoring has on their employees since employee and employer attitudes about monitoring often diverge. In this article, we explore workplace email monitoring from both employee relations and legal perspectives and discuss implications for employee morale. An earlier version of this research was presented at the 2005 Association on Employment Practices and Principles Conference, Baltimore, MD.     

Moving beyond a legal‐centric approach to managing workplace romances: organizationally sensible recommendations for HR leaders

The goal of this article is to encourage human resource (HR) leaders to think more strategically about managing workplace romances. The traditional legal‐centric management approach focuses on minimizing risks of workplace romances. We advocate embedding the legal‐centric approach within a broader and more strategic organizationally sensible approach that provides a balanced focus on minimizing risks and maximizing rewards of workplace romances. Drawing from the empirical workplace romance literature, we derive a set of organizationally sensible best‐practice recommendations that HR leaders can adopt to manage risks and rewards of romantic relationships in organizations. Implementing our more strategic recommendations should provide the added benefit of elevating HR professionals' roles as organizational leaders. © 2009 Wiley Periodicals, Inc.     

Don't “just say no” to drug testing in the workplace: Some recommendations for developing and implementing policy

The widespread use of contraband substances by organizational members continues to present policy makers with a plethora of legal, moral, and economic issues to contend with when designing and implementing a comprehensive substance abuse policy. This article addresses methods of drug testing and their relative advantages and limitations, the legal ramifications of policy decisions, including union and nonunion concerns, and the costs and benefits associated with drug testing and screening. General guidelines for the design and implementation of a substance abuse policy are offered, and it is suggested that organizations should not summarily dismiss drug testing as a vehicle for the control and elimination of contraband substances and their use in the workplace.     

A better approach by management in drug testing

Discussed here are a number of drug abuse and drug testing issues. This article presents an overview of current developments in the area of drug testing in the workplace. There is an analysis of legislation, federal and state court decisions, and key legal arguments. These decisions and arguments are discussed in the context of employee rights and responsibilities. Also presented are the legal and ethical aspects of drug testing in the workplace. The authors make a case for a rehabilitative rather than a punitive approach to employee drug abuse.     

Employee rights and organizational forms: An integrative framework for research

The goal of this study is to stimulate thought and provide initial direction for theory development and empirical investigation in regard to proposed linkages between employee rights concerns in the work environment and organizational forms. A review of pertinent literature on the subjects of organizational forms and employee rights is presented, in which a summary and critique of the current state of theory and research is emphasized in relation to those components of the two subject areas that are most relevant to the aims of the study. Following this review, the article undertakes a synthesis and integration of existing work, bringing together two scholarly fields of inquiry that have not been incorporated previously, and providing suggestions to establish critical associations and fill conceptual gaps. In this respect, the study constitutes a “first step” in the development of an orientation that accentuates the complementarity of perspectives concerning employee rights and organizational forms.     

An Affirmative Defense to Sexual Harassment by Managers and Supervisors: Analyzing Employer Liability and Protecting Employee Rights in the United States

Sexual harassment in the workplace is a serious worldwide employment problem. In the United States, courts have taken an increasingly expansive view of both employers' obligations and employees' rights in dealing with the issue. Landmark decisions of the U.S. Supreme Court addressing harassment by supervisors have sought to provide further guidance to employers in order to prevent harassment and refine their obligations. Yet despite the Court's efforts, harassment claims brought on by supervisor conduct continue to be a matter of great concern. This article offers a brief overview of U.S. sexual harassment law including its affirmative defense and provides a decision protocol for employers operating in the U.S. to follow in determining whether or not an affirmative defense can be confidently asserted. Finally management practices that respond to legal principles of an affirmative defense to prevent liability and protect employee rights are presented and discussed.     

Barriers to employee rights: Gender,selection, and the labor process

This article applies a labor process analysis to the issue of employment rights in the particular context of gender inequality and unlawful discrimination in the recruitment process. It criticizes conventional perspectives on employee rights for their failure to examine critically managerial power and prerogative and its implications for gender inequality. The article outlines two particular labor process theories of gender divisions and inequality. In exploring the strengths and weaknesses of these more critical perspectives, the article highlights the analytical significance that they ascribe to power asymmetries in the labor process and labor market. Building on this perspective, the analysis then presents empirical data on gender discrimination in the selection practices of contemporary UK organizations. The research material reveals how gender discrimination can be reproduced, rationalized, and resisted. These empirical findings are theorized through a combined labor process analysis of power, knowledge, and identity in recruitment practices. We conclude that labor process analysis facilitates our understanding of the deep-seated barriers that continue to impede the protection of employee rights in workplace practices.     

HR managers as toxin handlers: The buffering effect of formalizing toxin handling responsibilities

Toxin handlers are organizational members who help colleagues manage negative emotions in the workplace. Although toxin handling activities help distressed employees remain productive, they put the toxin handler at risk of emotional exhaustion. In this research, more than 400 HR managers described their experience managing emotionally charged employee problems. We found that formalizing toxin handling responsibilities provided a buffering effect: HR managers whose organizations had made handling emotionally charged employee problems a formal part of HR responsibilities experienced lower levels of emotional exhaustion and perceived HR as more effective, even when they engaged in high levels of toxin handling. Formalizing toxin handling responsibilities may protect HR managers from harm and ensure that they maintain the toxin handling function in their organizations. © 2009 Wiley Periodicals, Inc.     

The challenge of responsibilities: Confronting the revolution in workplace rights in modern organizations

The contemporary world of work is experiencing a revolution in workplace rights thinking and practices. Included among factors related to this are professionalization and technocracy, management orthodoxy, corrupt organizational structures, the moral ineptitude of business education, the increasing size of the working population, worker mobility, worker diversity and the variegated cultural milieu, the growth of highly paid and very powerful workers, favorable solons, and supportive justices. Demands for protection and respect of rights are expressed in a variety of ways ranging from the statutory or economic to the ethical or psychological. Because of the correlative link between rights and responsibilities, organizational researchers and practitioners should be concerned with identifying various responsibilities implied by various employer and employee rights. Of equal importance is the challenge of examining in detail these responsibilities and how the strategies suggested by them can be used to manage specific employee rights in the contemporary workplace.     

Factors Influencing a Manager's Decision to Discipline Employees for Refusal to Work with an HIV/AIDS Infected Coworker

This research investigates the influence of gender, fear of AIDS, and the likelihood that a manager will share AIDS-related health information about an HIV/AIDS infected coworker with subordinates on a manager's decision to discipline an employee for refusing to work with the HIV/AIDS infected coworker. Data was obtained using questionnaires administered to 194 managers employed in service, manufacturing, and government organizations. Both fear of AIDS and sharing AIDS-related health information exhibited a significant unique negative relationship with the decision to discipline. No significant unique relationship was found between gender and the decision to discipline. However, gender was found to moderate the relationship between fear of AIDS and the decision to discipline. There was a significant negative relationship between fear of AIDS and the decision to discipline among male but not among female managers. Study findings, implications, and suggestions for future research are discussed.     

International Union v. Johnson Controls: Resolving the dilemma between fetal protection policies and equal employment opportunities

This article examines the implications that theJohnson Controls decision is likely to have for organizational policies governing fetal protection in the workplace. A brief history of the evolution of legal theory regarding fetal protection policies and Title VII is provided. Particular attention is devoted to examining the appropriate analytical framework for such policies, the changing requirements for the employer's burden of proof, and the likely consequences of applying disparate treatment theory of discrimination over disparate impact theory in analyzing the facts of such cases. Additionally, this article raises some of the social issues that will result from the employer's responsibility to protect the unborn children of its employees and the rights of those employees to equal employment opportunities.     

The meaning of work: The challenge of regaining employee engagement and reducing cynicism

Changes in the workplace have tended to significantly increase the demands placed on employees, often to the detriment of their health and personal life. As organizations have expected more from their workforce and have provided little in return other than simply a job or employability, it is perhaps not surprising that employee cynicism and mistrust have increased. This article is concerned with redressing the balance and the organizational need to recognize the meaning and emotional aspects of work.     

Employer Recognition of Same-Sex Relationships in the United States: Legal and Economic Implications

Recognition of same-sex relationships is receiving increasing national attention in the United States. This paper discusses the current availability of employee rights in the United States on the basis of marital status to same-sex couples, and both the direct and indirect economic consequences to organizations of providing such rights. Despite legal recognition in some states and by many employers in the private sector, the availability of marital rights in the workplace for same-sex couples remains tenuous, at most. Although the direct economic consequences of same-sex relationships remain a matter of debate, the indirect economic advantages are several, including being an employer of choice and having a favorable reputation in the consumer, stockholder, and applicant marketplace. Employers should counterbalance indirect economic benefits with opposition to same-sex relationships, including product boycotts. The issue cannot be ignored from a legal or economic perspective.     

Determinants of employee training: impact on organizational legitimacy and organizational performance

Employee training is one of the most studied human resource practices, as it is considered critical for organizational success. However, employee training and its impact on organizational performance have usually been studied from an economic-rational perspective, in terms of the economic and competitive advantages that companies can achieve by training employees. This study goes beyond the economic-rational approach and draws on institutional theory. We introduce contextual factors in the analysis of the determinants of employee training to complement the variables of competitive advantage and explain the relationship between employee training and organizational outcomes. Data were collected from 374 organizations using a questionnaire administered in Spain. The findings support the idea that both economic-rational and institutional determinants influence employee training. There are also two different kinds of outcome from training employees: organizational legitimacy improves at the same time as organizational performance.     

When promises become contracts: Implied contracts and handbook provisions on job security

In this article, policy capturing was used to examine how lawyers, as experts, understand the wording in employee handbook passages that promise procedural protections for employees. Specifically, how the wording of employee handbook passages can create both legal and nonlegal obligations was examined. Forty-six lawyers were asked to make the following judgments: whether the handbook passage constituted a legal or moral obligation and the chances of the employer winning or being granted a summary judgment in a wrongful discharge suit. Five aspects of the handbook passages were examined: verb strength, specificity, contract disclaimers, legalistic jargon, and the employee's signature.     

Workplace innovation,employment relations and HRM: two electronics companies in South Korea

Analysing two electronics companies (unionized LG Electronics and non-union Samsung SDI) in Korea, the present paper investigates the impact of union status on workplace innovations and the effects of workplace innovations on organizational performance. Both case firms are considered highly innovative, model companies in terms of their sophisticated human resource management (HRM) and cooperative employment relations (ER). We first provide a conceptual framework and generate three propositions. The framework is composed of three main components: input, organizational system and output. The major findings include: (1) the adoption of high performance work organizations (HPWO) is highly dependent upon top management and union/employee representatives; (2) the two case firms adopted two different production modes (a team production mode in LG Electronics and a lean production mode in Samsung SDI); and (3) alignment among organizational design and work processes, ER systems and HRM systems would lead to high organizational performance. We also discuss the transferability of HPWO to other cultural settings in a universalism-contingency context.     

A conscious‐authentic leadership approach in the workplace: Leading from within

This study combines components of the relatively nascent concepts of conscious leadership and authentic leadership. It is a synopsis of a recent empirical study comparing two groups of companies and their respective CEOs. Each group is comprised of three companies. Group I is led by CEOs who use a conscious‐authentic leadership approach in the workplace. They infuse their personal values, beliefs, and relational leadership behavior into the policies, practices, and employee programs within their respective organizations to achieve specific organizational outcomes. Group II CEOs do not use this leadership approach. The companies selected for study were categorized by disinterested third parties in the business community. This study explores the perceptions of the employees of both groups and the impact of the conscious‐authentic leadership model on organizational behavior and specific organizational outcomes in the workplace. The organizational outcomes tested in this study are voluntary employee‐withdrawal behavior and absenteeism during the period 2003–2005. An employee questionnaire was administered to the employees of both groups to measure organizational behavior. The same questionnaire was administered to the CEOs to determine their level of self‐awareness and their sense of the reality of the human condition within their respective organization. A separate leadership questionnaire was administered to the CEOs for a self‐assessment of personal attributes and leadership style. The findings provide a working definition of conscious‐authentic leadership behavior and a working model of the components of this approach as implemented by Group I CEOs in the workplace.