60. Determining whether employers should have access to personal information about
6 e7 v8 F1 [9 H5 H4 ~3 j# Zemployees requires that the interests of businesses in ensuring productivity and stability
2 C. P- v" k+ f6 Rbe weighed against concerns about equity and privacy interests. On balance, my view is % i( }6 S$ I- t" P2 x6 b; t
that employers should not have the right to obtain personal information about current
& g Z) ]7 l2 }' qemployees without their consent.2 N2 r9 l+ H6 b1 L# ?/ N
A business' interest in maintaining a stable, productive workforce clearly justifies
- Y1 J) Z* g$ n$ Yright of access to certain personal information about prospective employees. Job ) c" }4 U; X5 y* G9 |; U. [4 A' u
applicants can easily conceal personal information that might adversely affect job
) P- d; e% W, ]" C5 \4 m+ Nperformance, thereby damaging the employer in terms of low productivity and high - Y' M }) ~" B* J7 h( V1 k3 F
turnover. During employment, however, the employee's interests are far more
; l- p( W5 @, M$ fcompelling than those of the employer, for three reasons.
( t: r$ Z& P2 x+ n8 ^ First, the employer has every opportunity to monitor ongoing job performance and 6 P+ `9 H- b* V1 v! R C( E
to replace workers who fail to meet standards, regardless of the reason for that failure. 5 w; S. d+ X1 i0 l& l, o
Second, allowing free access to personal information about employees might open the
4 D0 i7 t* @9 [floodgates to discriminatory promotions and salary adjustments. Current federal laws--' `1 V2 `( v6 \; q* s3 F
which protect employees from unfair treatment based on gender, race, and marital status, " e* U) E2 j( V# j) a
may not adequately guard against an employer's searching for an excuse to treat certain / E, t3 }5 d3 o9 I! i
employees unfairly. Third, access to personal information without consent raises serious 4 _: I5 O7 B2 _9 l! s& }
privacy concerns, especially where multiple individuals have access to the information.
& d- ]! _. N. @: `4 ?1 bHeightening this concern is the ease of access to information which our burgeoning ' w( I& [1 J" h' @: Z2 C Q" ~0 V
electronic intranets make possible.
1 I) w0 k" q# ^& L In sum, ready access to certain personal information about prospective employees % C2 @' ]/ e }( R' Y4 ?2 a
is necessary to protect businesses; however, once hired, an employee's interest in / E* C0 \( t& Q' |6 r" a
equitable treatment and privacy far outweighs the employer's interest in ensuring a , D& g# k6 P B- w o/ u6 Z' D
productive and stable workforce. |