Ethical, Legal and Economic Aspects of Employer Monitoring of Employee Electronic Mail

This paper examines ethical, legal and economic dimensions of the decision facing employers regarding whether it is appropriate to monitor the electronic mail (e-mail) communications of its employees. We review the question of whether such monitoring is lawful. Recent e-mail monitoring cases are viewed as a progression from cases involving more established technologies (i.e., phone calls, internal memoranda, faxes and voice mail).The central focus of the paper is on the extent to which employer monitoring of employee e-mail presents a structure of costs and benefits to the employer which are unlikely to make such a practice profitable or practical to the employer. The practice of employer monitoring to detect illicit employee behavior (e.g., fraud, harassment of fellow employees, industrial espionage) is considered.It is argued that not only does such monitoring behavior fall short of the standard imposed by Kant's categorical imperative for ethical behavior, monitoring also fails to meet Aristotle's ethical standard of practical wisdom. Other ethical aspects of employer monitoring are considered.     

The 'privacy in employment' critique: a consideration of some of the arguments for 'ethical' HRM professional practice

A developing area of interest in ethics and in legal studies is privacy protection. This paper focuses on privacy protection in employment, and examines some of the arguments of commentators who seek to limit the information obtained from job candidates and employees. The ethical underpinnings of these restrictions are discussed in terms of how privacy in employment relations can be understood as functioning to provide a context for the maintenance and development of self-identity, an autonomous self-concept, the practice of meaningful autonomy, and a pluralistic social order. In the second part of the paper the proposed restrictions are examined in terms of their impact on economic welfare. The latter consideration suggests that HRM and allied professional groupings that unilaterally implemented the critics' proposals could be deemed to be paternalistic. The potential relevance of legal regulation to resolve this issue for 'ethical' HRM professional practice and its significance in the area of genetic discrimination are discussed.     

Electronic Monitoring and Privacy Issues in Business-Marketing: The Ethics of the DoubleClick Experience

The paper examines the ethics of electronic monitoring for advertising purposes and the implications for Internet user privacy using as a backdrop DoubleClick Incs recent controversy over matching previously anonymous user profiles with personally identifiable information. It explores various ethical theories that are applicable to understand privacy issues in electronic monitoring. It is argued that, despite the fact that electronic monitoring always constitutes an invasion of privacy, it can still be ethically justified on both Utilitarian and Kantian grounds. From a Utilitarian perspective the emphasis must be on minimizing potential harms. From a Kantian perspective the emphasis must be on giving users complete information so that they can make informed decisions as to whether they are willing to be monitored. Considering the Internet advertising industrys current actions, computer users and government regulators would be well advised, both practically and ethically, to move to a user control model in electronic monitoring.     

Anonymity and whistleblowing

This paper examines the moral arguments for and against employees' blowing the whistle on illegal or immoral actions of their employers. It asks whether such professional dissidents are justified in disclosing wrongdoing by others while concealing their own identity. Part I examines the concept of anonymity, distinguishing it from two similar concepts — secrecy and privacy. Part II analyzes the concept of whistleblowing using recent definitions by Bok, Bowie and De George. Various arguments against anonymous whistleblowing are identified and evaluated. The author concludes with a defense of the practice in terms of social benefits — primarily the redressing of wrongdoing.     

The Employee as ‘Dish of the Day’: The Ethics of the Consuming/Consumed Self in Human Resource Management

This article examines the ethical implications of the growing integration of consumption into the heart of the employment relationship. Human resource management (HRM) practices increasingly draw upon the values and practices of consumption, constructing employees as the ??consumers?? of ??cafeteria-style?? benefits and development opportunities. However, at the same time employees are expected to market themselves as items to be consumed on a corporate menu. In relation to this simultaneous position of consumer/consumed, the employee is expected to actively engage in the commodification of themselves, performing an appropriate organizational identity as a necessary part of being a successful employee. This article argues that the relationship between HRM and the simultaneously consuming/consumed employee affects the conditions of possibility for ethical relations within organizational life. It is argued that the underlying ??ethos?? for the integration of consumption values into HRM practices encourages a self-reflecting, self-absorbed subject, drawing upon a narrow view of individualised autonomy and choice. Referring to Levinas?? perspective that the primary ethical relation is that of responsibility and openness to the Other, it is concluded that these HRM practices affect the possibility for ethical being.     

Marketing and public relations: the relationship revisited

This paper reviews the debate within both the marketing and public relations literatures concerning the relationship between the disciplines of marketing and public relations. The paper considers the arguments advanced in the marketing literature, in particular, for a growing convergence between these two disciplines and examines the recent emergence of the concept of'marketing public relations'. Here the paper takes as one starting point an article which identified a number of possible schematic representations of the relationship between the marketing and public relations functions and argues the case for a model of increasing convergence between them.The paper goes on to consider the more recent development of ‘marketing public relations', examining the arguments advanced. The paper argues that from a public relations perspective, the concept of marketing public relations can be seen as an attempt by marketers to ‘hijack’ public relations, incorporating it as an extra element within the promotional mix in order to inform, persuade or remind existing and prospective customers of product or company benefits. It is argued that what some marketers have termed marketing public relations may be no more than the publicity element of public relations practice under a new guise — one perhaps more acceptable than publicity in the societally orientated firms of today. The paper explores two distinct schools of thought — re-examining the relationship between marketing and public relations from both perspectives. The paper suggests that the uneasy symbiosis between these two functions in practice, reflects to a large degree the ambiguity surrounding the relationship between these concepts within much of the literature.     

A study of individuals' ethical beliefs and perceptions of electronic mail privacy

While electronic mail has enjoyed rapid growth in the workplace, many companies have failed to establish clear expectations among employees about their e-mail privacy rights. This has resulted in controversy and even lawsuits against employers where employees later learned that management personnel monitored or read their electronic communications. It has been speculated that most employees underestimate the legal right of their employer to engage in e-mail monitoring activities. However, this issue has been virtually unexplored from a research perspective. Consequently, the purpose of this study is to assess individuals' ethical beliefs and perceptions about electronic mail privacy. This study of more than 200 e-mail users reveals that there is significant resistance to e-mail monitoring, and that many individuals have a relatively poor understanding of their e-mail privacy rights. The results also suggest that companies need to develop and communicate a policy to employees that addresses this issue. Finally, this study suggests several possibilities for further research. Building a greater body of knowledge of this domain should assist business leaders and lawmakers as they work to formulate an effective response to this workplace challenge that will equitably balance the rights of employees and employers.James J. Cappel is a Doctoral candidate and Teaching Fellow in Business Computer Information Systems. He has published six articles in refereed journals in the United States and Great Britain, including a recent article in theJournal of Systems Management. His research interests include human-computer interaction and legal and ethical issues in information systems.     

Some Problems with Employee Monitoring

Employee monitoring has raised concerns from all areas of society – business organizations, employee interest groups, privacy advocates, civil libertarians, lawyers, professional ethicists, and every combination possible. Each advocate has its own rationale for or against employee monitoring whether it be economic, legal, or ethical. However, no matter what the form of reasoning, seven key arguments emerge from the pool of analysis. These arguments have been used equally from all sides of the debate. The purpose of this paper is to examine the seven key arguments that have been made with respect to employee monitoring. None of these arguments is conclusive and each calls for managerial and moral consideration. We conclude that a more comprehensive inquiry with ethical concern at the center is necessary to make further progress on understanding the complexity of employee monitoring. The final section of this paper sketches out how such an inquiry would proceed.     

The Impact of Individual Ethics on Reactions to Potentially Invasive HR Practices

In recent years, the practices of work organizations have raised increasing concerns regarding individual privacy at work. It is clear that people expect and value privacy in their personal lives. However, the extent to which privacy perceptions influence individuals’ work attitudes is less clear. Research has explored the extent to which employee perceptions of privacy derive from characteristics of the programs themselves. However, there is a paucity of research that examines how the characteristics of the individual employee may influence perceptions of these programs. In this study we seek to shed light on this issue, as we examine how the individual ethical orientation of employees influences perceptions of a variety of human resource programs that have the potential to be perceived as invasive. Results indicate that ethical orientation exerts direct effects on perceived invasiveness of programs and exerts both direct and indirect effects on perceived appropriateness of programs. Implications for research and for managers adopting privacy-related programs are discussed.     

Privacy at Work – Ethical Criteria

New technologies and practices, such as drug testing, genetic testing, and electronic surveillance infringe upon the privacy of workers on workplaces. We argue that employees have a prima facie right to privacy, but this right can be overridden by competing moral principles that follow, explicitly or implicitly, from the contract of employment. We propose a set of criteria for when intrusions into an employee's privacy are justified. Three types of justification are specified, namely those that refer to the employer's interests, to the interests of the employee her- or himself, and to the interests of third parties such as customers and fellow workers. For each of these three types, sub-criteria are proposed that can be used to determine whether a particular infringement into an employee's privacy is morally justified or not.     

Can behavioral biometrics make everyone happy?

The market for behavioral biometrics—a technological evolution whereby patterns in human movement and activities can be identified, captured, and analyzed—is expected to exceed US $11 billion by 2031. We highlight the evolution from early physiological biometrics (e.g., fingerprints and iris scans used to verify the identity of individuals) to today’s behavioral biometrics. Technological advancements now turn our retail stores, offices, and warehouses into live data streams that let us closely and automatically monitor employees’ conduct at work. Although this development raises several legitimate surveillance and privacy concerns, behavioral biometrics can potentially benefit organizations and employees alike. Such mutual benefits compel managers to approach behavioral biometrics using our TRUST framework: transparency of intentions, respect for concerns, understanding the importance of choice, sharing the data benefits, and proactively timing the development. Managers who do so will gain a clear focus on organizational and employee well-being.     

Detours and frolics on the Internet: Employer liability and management control of cybertorts

Most employers are aware of their legal right to monitor employees' computer activities, and they are increasingly doing so. Yet, few of those who do monitor are aware that exercising this right may impose a legal duty to monitor prudently in order to protect third parties and to report criminal activity to the appropriate authorities. This paper briefly examines employers' legal right to monitor their employees' computer activities. Our subsequent analysis of the ruling in Doe v. XYC Corp. [Doe v XYC Corp., 382 N.J. Super. 122, 887 A.2d 1156 (2005)]. illustrates that those businesses that do assert their rights to monitor may assume a duty to report child pornography to the authorities, as well as a duty of reasonable care when reacting to their employees engaging in so-called cybertorts. We discuss how this ruling may extend the doctrines of ‘detours’ and ‘frolics’ into cyberspace. We also discuss the potential for employers' liability for other cybercrimes and cybertorts committed by their employees. We conclude by examining the contours of computer monitoring policies that effectively serve employers' risk management objectives without unduly invading employees' privacy, and the likely consequences of failing to achieve such a balance.     

Beyond efficiency: some By-products of functional flexibility

This article examines the outcomes of implementing functional flexibility for employers and employees. The use of functional flexibility is normally associated with improving efficiency. However the findings reported here, drawn from four case studies, show evidence of positive outcomes for both employers and employees which go beyond efficiency. For employees there was evidence of increased job satisfaction and in some cases increased remuneration and job security. For employers, there was evidence of improved operational functioning and customer service, reduced labour turnover and an enhanced reputation in the local labour market. It is argued that a ‘virtuous circle’ is set up.     

Corporate Social Responsibility,Product Differentiation Strategy and Export Performance

This article examines why an organization might wish to manage workplace romance, and describes a number of alternative approaches to managing dating. At first sight the ethics of dating bans balances the need to protect female employees from harassment against employee rights to privacy and freedom of association – a rights versus rights issue. However, dating bans seem not to be directed at protecting female employees from harm, but rather protect employers from sexual harassment liability claims – an employer self-interest versus employee rights issue. This article advocates a consequentialist approach to the problem, via the factoring in of other harms caused by prohibiting workplace romance. Given that most workplace romances end up in marriage or long-term partnerships, a ban on workplace romance is argued to be antisocial. The incidence of sexual harassment is very low in comparison to the number of long-term relationships initiated in the workplace. This article concludes by citing examples of firms that encourage romance, showing that is feasible to manage any resulting problems within these firms’ existing conflict of interest and sexual harassment rules.     

Unbundling the Moral Dispute About Unbundling in South Africa

Unbundling -- or the breaking up of conglomerates into smaller independent companies -- normally has very little to do with morality, because decisions to unbundle are usually taken on pure strategic business grounds. However, the way unbundling was introduced into the debate about the restructuring of the South African economy by the African National Congress (ANC), gave unbundling some very distinct moral undertones. In this paper the moral arguments in support of and in opposition to unbundling within the South African context are identified. It is then argued that these rival sets of arguments can be related back to two different sets of moral convictions about redistributive justice. The author argues that the impact of the prevailing moral dissensus on moral decision-making should be given due consideration when dealing with moral disputes such as unbundling. In the final part of the paper an illustration is given of how the moral dispute about unbundling should be approached amidst the mentioned moral dissensus.     

Participation in the Workplace: Are Employees Special?

I consider two influential arguments for employee participation in firm decision making: what I call the ??interest protection argument?? and the ??autonomy argument.?? I argue that the case for granting participation rights to some other stakeholders, such as suppliers and community members, is at least as strong, according to the reasons given in these arguments, as the case for granting them to certain employees. I then consider how proponents of these arguments might modify their arguments, or views, in response to this conclusion.     

Promoting i‐Safety: Effects of Privacy Warnings and Privacy Seals on Risk Assessment and Online Privacy Behavior

Using social cognitive theory, this study experimentally examines the effects of explicit privacy warnings, a clear, conspicuous, and concise presentation of the benefits and risks associated with database information practices stated in a Web site’s privacy policy. Warnings increased perceptions of the risks associated with information practices and decreased disclosures, but not in the presence of a privacy seal. The effects were also moderated by consumer privacy self‐efficacy and involvement with privacy. The results support the development of privacy warnings as a part of consumer privacy self‐regulatory efforts and the use of a social cognitive paradigm for understanding consumer privacy behaviors.     

Ethical issues in the selection interview

This article evaluates various aspects of the selection interview in terms of the major principles of business ethics. It looks at both interviewer and interviewee behavior and examines the ethical questions that arise around five key themes: Preparation for the interview; Openness, disclosure and the invasion of privacy; Honesty and impression management; Power relationships in the interview; The use of interview information in decision making. It is argued that clear guidelines for ethical behavior in the interview are needed and would actually serve to increase the effectiveness of the method. Various topics that require empirical investigation are identified, and some parallels drawn with research on other assessment methods.Clive Fletcher is Professor of Psychology at Goldsmiths' College, University of London. He completed his Ph.D., then spent seven years as a psychologist in the British Civil Service, before taking up an academic post. His research interests focus on assessment centres, performance management and the selection interview     

Surveillance in Employment: The Case of Teleworking

This paper looks at various ways teleworking can be linked to surveillance in employment, making recommendations about how telework can be made more acceptable. Technological methods can allow managers to monitor the actions of teleworkers as closely as they could monitor "on site" workers, and in more detail than the same managers could traditionally. Such technological methods of surveillance or monitoring have been associated with low employee morale. For an employer to ensure health and safety may require inspections of the teleworkplace. When the teleworkplace is in the home, there may be an invasion of privacy associated with such inspections, that could be perceived and resented as surveillance. A problem of telework is that teleworkers may feel isolated. Methods to counter this could be associated with further forms of surveillance, and fear of such surveillance may inhibit them from reaching their potential as methods to counter isolation. The idea that teleworking may also allow communications to be intercepted by third parties is also looked at. Some, but not all, of the issues considered are applicable, to some extent, in non-teleworked employment situations. The overall conclusion of the paper is that the potential exists for surveillance to be associated with telework. Fears of such surveillance may turn actors against telework. However, much can be done to reduce such fears.     

The role of purchasing in countertrade

This paper examines countertrade with a particular emphasis on the involvement of UK companies. A review of the literature shows that whilst international trade organisations adopt a negative attitude to countertrade, which creates difficulties for research into the subject, substantial benefits may be obtained by both parties to countertrade deals. The results of empirical research show that UK companies involved in countertrade play a largely reactive role, which mirrors the approach of UK government agencies. It is argued that purchasing can play a significant role in proactive countertrade through identifying appropriate sources, effective negotiation and disposal of goods to existing suppliers.