60. Determining whether employers should have access to personal information about
% S: P) i, s0 m( h- `0 ^! ~employees requires that the interests of businesses in ensuring productivity and stability 8 ~% S/ Q3 \. X1 E6 U6 F
be weighed against concerns about equity and privacy interests. On balance, my view is
?) q0 K- d. \- s5 W+ O( Uthat employers should not have the right to obtain personal information about current
C- n9 y2 a: J7 Eemployees without their consent.# s, M# o% h- m7 |7 Q" w0 ]1 g0 n
A business' interest in maintaining a stable, productive workforce clearly justifies
* @+ R. P6 r6 ^' C) kright of access to certain personal information about prospective employees. Job
; V! q# F; p1 S7 W; L8 @applicants can easily conceal personal information that might adversely affect job 2 q: k W6 r/ S% d- g6 B: ^
performance, thereby damaging the employer in terms of low productivity and high
, X% f+ J _6 f8 H0 ^7 y/ {* aturnover. During employment, however, the employee's interests are far more
) L. t+ J2 e6 ecompelling than those of the employer, for three reasons.6 s/ E- ?* d6 M9 d* F0 Y; c: K
First, the employer has every opportunity to monitor ongoing job performance and 3 C4 {/ W/ g" |% l- p+ E9 s( A
to replace workers who fail to meet standards, regardless of the reason for that failure.
% A- ~& Z+ T3 K0 G" a9 f& LSecond, allowing free access to personal information about employees might open the
/ S8 e, ?' Q, s5 P1 Ffloodgates to discriminatory promotions and salary adjustments. Current federal laws--
9 U* T9 t, N+ O6 t' ]! E9 hwhich protect employees from unfair treatment based on gender, race, and marital status,
! s/ k( ]/ ?0 v% ]may not adequately guard against an employer's searching for an excuse to treat certain
1 O, Y8 T- M0 A# Z+ {employees unfairly. Third, access to personal information without consent raises serious
1 S1 t% g2 _( W3 X" vprivacy concerns, especially where multiple individuals have access to the information. 0 E( J1 n( S Y% R
Heightening this concern is the ease of access to information which our burgeoning
7 \- v+ z9 X; }electronic intranets make possible.5 S% Z6 h6 M0 R! h) b+ S( |" u
In sum, ready access to certain personal information about prospective employees $ Z9 X& J$ j1 O2 K+ Q" ~: q2 `
is necessary to protect businesses; however, once hired, an employee's interest in ; P- V, }# ?# E7 n
equitable treatment and privacy far outweighs the employer's interest in ensuring a
3 Y( Y# x! N3 {2 ]' xproductive and stable workforce. |
发表于 2012-8-15 21:50:16
