On-duty and Off-duty: Employee Right to Privacy and Employer’s Right to Control in the Private Sector

The changing legal landscape of the right of the employer to control and monitor employee behavior is examined. Two distinct areas are defined: behavioral monitoring and behavioral restrictions. Relevant statutory laws and the developing common law are discussed. We also examine potential employee reactions to such policies by evaluating the reactions of graduate students to six employer policies including weight restrictions, grooming requirements, use of GPS locators, drug testing, ban on off-duty smoking, and email and internet monitoring. Students responded to these policies by determining the reasonable interest of the employer in the behaviors being monitored or controlled and the manner in which policies were implemented. Their comments suggest that employees may accept some level of monitoring or behavioral restrictions if the employer can make a convincing social account of the need for a policy. Additionally, the policy must be clearly communicated and properly implemented. However, restrictions on off-duty behavior were typically poorly received with the exception of illegal drug use.     

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.     

Electronic Monitoring to Promote National Security Impacts Workplace Privacy

This paper explores electronic workplace monitoring in light of the USA PATRIOT Act—federal legislation with a national security focus that expands the likelihood of electronic workplace monitoring to assist government investigators. The paper examines federal laws that cover the privacy rights of at-will employees in the context of electronic workplace monitoring, including recent cases that have narrowed employee privacy rights. The paper argues that business justifications for electronic workplace monitoring have been bolstered by national security concerns, resulting in decreased expectations of privacy in the workplace for at-will employees. There are persuasive arguments that employers should exercise restraint in the use of information obtained through electronic monitoring in discipline and discharge decisions related to at-will employees. These arguments in favor of exercising restraint flow from the text of the USA PATRIOT Act and consider the risk of discrimination lawsuits.     

Employee Awareness of Workplace Violence Policies and Perceptions for Addressing Perpetrators at Colleges and Universities

Most of the research on workplace violence has focused on workplace violence incidents and the development of models to predict and address the phenomenon. The assumption that all organizations are essentially similar in nature underlies this research. However, colleges and universities differ from for-profit businesses. Little, if any, research has been conducted to determine employees’ awareness of workplace violence policies and employee perceptions of potential perpetrators and how to address perpetrators which is necessary for increasing such policies’ effectiveness. The present study examines the awareness of employees at a large, public university in the Midwestern United States concerning WPV. Respondents indicate which sources they perceive to be likely perpetrators of workplace violence, and the actions that organization should take if WPV occurs. Based on this information, steps to increase employee awareness of workplace violence policies in colleges and universities are suggested.     

Managing Workplace Gambling—Some Cautions and Recommendations

Workplace gambling is rapidly becoming a new American addiction. It is difficult to detect, since it may show no distinguishing characteristics until it is well advanced. Most gamblers never become a problem to employers, but those who do may inflict serious damage in the form of theft, creative bookkeeping, embezzlement, low productivity and workplace disruption. Few laws, specifically control gambling, but several laws written to address other issues, may apply to gambling also. Some of these laws are in the process of being reinterpreted, and broader interpretations may include pathological gamblers. In addition to its legal aspects there are important and costly economic issues associated with workplace gambling. Well trained, observant supervisors can detect and aid workplace gamblers, saving both employer and employee time, money and anguish.     

Violence in the Workplace—A Review with Recommendations

Workplace violence is a serious, growing and costly problem for American business and industry. In spite of the scope of the problem managers have been slow to respond, in fact appear to be in a state of denial. Profiles of both perpetuators and victims of workplace violence have been developed, but these profiles are so inclusive as to include almost everyone. Many causes have been recognized, most of which are related to stress. The courts offer only limited assistance; in fact, some laws limit tests and measures that might help identify violent employment candidates and employees. There are recommended courses of action intended to prevent workplace violence but little assurance that they can prevent it. Most of these approaches address the root causes of violence by focusing on stress.     

网站隐私权政策评价指标体系研究

国内的绝大多数网站上公布了其与隐私权相关的政策,但这些政策完善程度及优劣缺乏相应的评价模型及方法,用户无法根据网站的隐私权政策进行网站的使用选择。因此,本文结合相关文献、法律规定和实践,利用层次分析法构建了一个对网站隐私权政策进行评价的指标体系,为网络用户的评价提供依据。     

Changing Behaviour: Successful Environmental Programmes in the Workplace

There is an increasing focus on improving the pro‐environmental attitudes, behaviour and habits of individuals, whether at home, in education, travelling, shopping or in the workplace. This article focuses on the workplace by conducting a multi‐disciplinary literature review of research that has examined the influence of organization‐based behaviour change initiatives. The review includes only research evidence that measured actual environmental performance (e.g. energy use) rather than solely using self‐reported methods (e.g. questionnaires). The authors develop an ‘employee pro‐environmental behaviour’ (e‐PEB) framework, which contains individual, group, organizational and contextual factors that have predictive relevance across different behaviours and organizations. The review shows that the strongest predictors are environmental awareness, performance feedback, financial incentives, environmental infrastructure, management support and training. A key finding from this review is that attitude change is not necessarily a pre‐requisite for behaviour change in the workplace. Copyright © 2013 John Wiley & Sons, Ltd and ERP Environment     

Workplace Bullying In Academia: A Canadian Study

This paper examines the results of a workplace bully survey sent to faculty, instructors and librarians at a mid-sized Canadian university in 2005. The potential sources of workplace bullying by colleagues, administrators and students are examined. The survey determined that workplace bullying is of particular concern for employees that are newly hired or untenured. The systemic nature of this phenomenon and the spillover effect from one job domain to another are identified. The findings indicate costs for the university linked to workplace bullying. Costs include increased employee turnover, changed perception of the university by employees and reduced employee engagement.     

Attitudes toward employee and employer rights in the workplace

A large sample (N=692) of undergraduate business majors were surveyed in order to assess their attitudes toward 54 different employer activities that might impact on employee rights in the workplace. Demographic and lifestyle measures as well as one personality variable, authoritarianism, were also included in the survey. A factor analysis on attitudes toward employer activities revealed three distinct factors, which we labeled private, polydrug (i.e., polygraphs and drug tests), and normative activities. Mean levels of agreement with employer actions were highest for normative and lowest for private activities, with polydrug activities falling in between. All mean differences were highly significant. Authoritarianism proved to be the strongest predictor of attitudes toward both private and polydrug activities.     

Evaluating employee integrity: Moral and methodological problems

This paper reviews the research on proprietary paper and pencial tests of integrity or honesty, which have effectively supplanted polygraph examinations in evaluating the moral attributes of employees and applicants. Moral integrity is a complex issue that encompasses more than conventional notions of honesty and is difficult to operationalize as a psychological trait or construct. Integrity test questions are largely derived from polygraph interrogations and the tests validated through polygraph results. The field studies reviewed and an exploratory test cast doubt on the ability of these paper and pencil instruments to meet standards of construct validity. Other studies show promise of predictive validity in some situations. Unfortunately, the research designs used to substantiate the predictive powers of integrity tests failed to hold other workplace influences constant. In light of these findings, employers are urged to exercise caution in the use of these tests until further independent research is reported because of potential infringements on privacy and equal opportunity.     

Managing electronic communications: a new challenge for human resource managers

Advances in information and communication technology are not only changing the way work is conducted but also influencing the development of human resource management (HRM) as a field of practice. In order to understand how HR managers are grappling with this issue we review the misuse of electronic communication in the workplace through the international literature and also recent court and tribunal cases in Australia. In particular, we consider the impact of new communication technologies in blurring of the boundaries between home and work and the way in which this is being dealt with by HR managers. In this paper we draw out the challenge of balancing the interests of employees and organisations, and outline the tension between HR as a strategic partner and employee champion. While not advancing a dystopian view, we argue that in many workplaces new surveillance technologies are being routinely utilised to increase employer control and that such low-trust practices are likely to be counterproductive and may undermine the profession of human resources management.     

Workplace Substance Testing—An Exploratory Study

This study, using 1993 survey data taken from large Ontario, Canada, headquartered organizations (n = 127), compares workplace substance testing versus nontesting organizations based on a number of external and internal factors. Results showed that few Canadian organizations conduct workplace substance testing. Variables such as sector, location of operations, risk sensitivity and organizational structure appear to be not related to the workplace substance testing decision. Partial support was found for age and size of organization (measured in sales volume) as differentiating workplace substance testing organizations from non-testers. Public policy implications based on these findings are provided.     

Privacy and Personnel Selection: Reciprocal Rights and Responsibilities

Previous models of invasion of privacy in selection have stressed applicant rights to the exclusion of applicant responsibilities, and have slighted organizational incumbents' needs to acquire accurate knowledge about prospective co-workers. To correct this imbalance, a reciprocal model, enumerating and justifying possible rights and responsibilities of applicants, organizational management, and organizational incumbents, is postulated. This normative model is contrasted with the current mistrust that characterizes many selection interactions. Propositions suggesting ways of gaining the information that organizations require, while still respecting the privacy needs of applicants, are advanced. Tentative suggestions for how human resource professionals could initiate these positive changes are suggested as well.     

Electronic mail,privacy, and the public sector: Guidelines for public employees and organizations

What privacy rights are public employees entitled to when using their electronic mail systems? Are they entitled to privacy rights in the messages they send or receive? The setting, public or private, is crucial to determine what privacy rights exist for the employee. Unfortunately, no public sector electronic mail privacy case has been considered by the courts. Nevertheless, E-mail privacy guidance does exist. This article investigates previous privacy considerations provided in other workplace situations—cases that involve technologies other than E-mail—in search for common rules established by the Supreme Court. With this foundation, the article then applies the same rules to an electronic mail environment and provides guidelines intended to assist public managers in the creation or reevaluation of their organization’s electronic mail privacy policy.     

Privacy and Electronic Monitoring in the Workplace: A Model of Managerial Cognition and Relational Trust Development

This paper explores the impact of experience at the current organization, prior experience at other organizations, and individual propensity to trust on workplace electronic monitoring and trust formation between employees and management. Taking a cognitive approach, these relationships are investigated through the lens of cognitive categorization theory. The paper discusses trustworthiness as the category label of a group of traits and behaviors that subsequently leads to lower levels of turnover, increased organizational commitment, and lower levels of electronic monitoring. Organizational and individual level outcomes are explored with respect to electronic monitoring procedures in organizations. The discussion focuses on implications for practice and future research as well as several ethical and managerial implications, and provides recommendations regarding implementation of electronic monitoring systems for managers.     

Employee Moral Rights: Recognizing Their Implicit Financial Investments in the Firm

The literature on employee (moral) rights has been limited to workplace human rights. This essay focuses on Employee Moral Rights defined as the moral claims individuals are entitled to due to their role as employees. Noting they make significant (although implicit) financial investments in the firm they work for, this essay argues dedicated employees should be treated as financial investors, which implies dedicated employees have the moral right to (1) be treated as every other financial investor; (2) share in the firm’s profits; (3) timely, accurate, and sufficient disclosure of significant information; (4) protection from senior managers’ abusive self-dealing; and (5) mechanisms to protect their financial investment including fair severance payments and effective pension protection.

Workplace bullying and employee outcomes: a moderated mediated model

Abstract

This paper investigates the relationship between workplace bullying and employee outcomes in a healthcare setting. Drawing on HR process theory, we investigate the mediating role of the perceived effectiveness of implementation of anti-bullying practices on employee outcomes and whether targeted line manager training was a moderator of that relationship. Our multi-level analysis (utilising responses from 1507 employees within 47 hospitals with matched HR Director interviews), finds that the relationship between workplace bullying and employee outcomes is partially mediated by employees’ perceived effective implementation of intended anti-bully practices. The mediated relationship is moderated by targeted line manager training in anti-bullying practices. The mediated moderation model illustrates that it is effective implementation of anti-bullying practices enhanced by targeted training that is required to reduce bullying probabilities and their associated negative employee outcomes. The paper contributes to resource based view of the firm, HR process and human capital theories. The implications for future research and practice are discussed.     

A mutual gains perspective on workplace partnership: Employee outcomes and the mediating role of the employment relations climate

Recent years have witnessed increased research on the role of workplace partnership in promoting positive employment relations. However, there has been little quantitative analysis of the partnership experiences of employees. This article examines how the kinds of attributions employees make regarding indirect (union‐based) and direct (non‐union‐based) employee participation in workplace partnership might influence the process of mutual gains. It uses employee outcomes to reflect partnership gains for all stakeholders involved (i.e. employees, employers and trade unions). The article contributes to existing knowledge of workplace partnership by examining the potential role of the employment relations climate as an enabling mechanism for the process of mutual gains. The findings suggest mutual gains for all stakeholders are varied and mediated through the employment relations climate.     

育龄妇女职场性权益保护的研讨

当前,职场性骚扰问题已经受到各界的普遍关注,保护职场育龄妇女性权益势在必行。本文从理论与法律上对性骚扰进行了分析,最后提出了育龄妇女在职场面对性骚扰时应采取的对策与证据。