Employee privacy laws were enacted to protect the rights of employees. The following are examples of such laws:
Discrimination in the Workplace: Discrimination in the workplace is not permitted under the Employment Discrimination Act. Race, religion, and ethnic background are examples of such categories. More include age (over 40 years), ownership, gender, pregnancy, nationality, family status, genetics, color status of veteran, physical disability.
Free Speech: The social media policy at work may require employees to follow certain corporate standards or risk outcomes if they do not follow them.
Labor or Union Activities: Workers are authorized to participate in trade union activities on social media under the National Labor Relations Act (â€œNLRAâ€) as long as the facts and opinions support that for the benefit of the trade union.
Employers are prohibited from asking their employees about their social media accounts, which symbolizes an employee’s right to access online privacy.
Workplace Social Media Prohibition: An employer has the right to restrict its employees from accessing social media for both work and personal matters, provided that this does not interfere with the employee’s freedom to participate in joint activities.
Monitoring Public Utilization: There are standards in place to monitor the use of employee communication platforms, which are required to strike a balance between employees’ online privacy and corporate protection in the workplace.
Regional Privacy Laws: Privacy laws may vary depending on the region or country. Therefore, an employer with employees working in multiple regions be responsible for considering the local privacy laws and its company policy.
Drawbacks and Risks about Social Media
The drawbacks and risks of social media are listed below:
Social media during working hours: Employees enjoy the right to free speech when not at work. However, at work, the employer has to right to demand its employeeâ€™s attention, limiting the use of social media in the workplace. Hence, the employee should be conscious of the risks involved with the use of social media during work hours.
Posting critical work information: Employees may enjoy strong employee speech protection where the employee is speaking truthfully about the working conditions. However, spreading misleading claims against the employer or its products may allow the employer to take disciplinary action without any recourse from the court. However, employers may inhibit their right to comply with the law against discrimination by taking action upon the employee practicing offensive speech.
First Amendment protection when posting on social media: The people may enjoy the right to speak in their own time and capacity, the matters of public concern. However, the court may create exceptions to the First Amendment on the belief that it would cause a state of disruption in the workplace otherwise.
Excuse for action: It has been a common tactic among employers to discipline or fire an employee for a post put up by the employee, which may act as cover for an unlawful reason for action. In such cases, the employee may take up a legal recourse in the court to believe that the unlawful reason is proved.
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