MANAGING WORKPLACE

PRIVACY EFFECTIVELY

EQUAL
EMPLOYMENT
1 OPPORTUNITY (EEO)
 What is workplace privacy

 In companies of all sizes, employees and

managers are likely to engage in
communications and other activities that
aren't directly related to their jobs.
 For instance, a worker might check his
personal email at work or talk to a friend or
family member on his work phone during his
lunch hour.

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 What is workplace privacy cont…

 Workplace privacy describes the extent to

which employers monitor and collect
information on the activities, communications
and private lives of workers.

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 Some Standards of Conduct?

 Treat the people you come into contact with at

work with respect.
 Be fair and consistent in your interaction with other
employees.
 Promote professionalism in the workplace at all
times and in all situations by using appropriate
language and conduct.
 Treat people the way they want to be treated.
 Etc
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 Organization's Policy vs. the Law

 Policy is based on the law.

 Its intent is to prevent discrimination and
harassment from occurring in the workplace.
 Since it is more strict than the law, you may be
in violation of the policy even if your conduct
does not violate the law.
 The Equal Employment Opportunity Program
investigates violations of policy, not the law.

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 Responsibilities at the Workplace

 Do not participate in hazing or improper practical

joking.
 Do not use offensive or profane language.
 Do not use demeaning or abusive language.
 If you witness inappropriate conduct, bring it to
the attention of a supervisor or manager.
 If a co-worker tells you that your conduct is
offensive, STOP the behavior.

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 Unprofessional Conduct at
workplace

Improper Practical Joking

 It involves a protected characteristic. or
 It involves physical contact.

Hazing
 It is conduct that makes another employee feel
uncomfortable or embarrassed or causes the person
emotional distress.
 When in doubt about whether or not your conduct
may be considered hazing, just don’t do it.
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 Supervisory Responsibilities in
workplace privacy

 Model professional conduct to employees at all

times.
Demonstrate respect, fairness, and consistency
in your interaction with employees.
 Communicate your expectations for
professional conduct with your employees.
Do this at meetings and when opportunities
arise in the workplace.
 Prevent retaliation.
Monitor the workplace to ensure that there is
no retaliation whenever there is an active
8 matter or investigation
 Important Questions for
Supervisors in handling issues

1. How have I handled similar situations in the

past?
2. Am I using the same process to reach a
valid result?
3. Am I imposing discipline fairly and
consistently?
– Make certain that you have addressed similar
performance issues with comparable actions.
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 Topics to Avoid Discussing at
Work

 Politics
This is a highly sensitive issue for many people.
 Religion
This is a personal issue that people feel
strongly about.
 Your Sex Life
This is no one’s business, other than yours and
your partner’s.

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 Topics to Avoid Discussing at
Work (cont)

 Your Health Problems

If you have health issues that may impact your
work performance, it is appropriate for you to
discuss them in private with your supervisor. For
operational reasons, supervisors may need to
share the information with others. However, no
one else needs to know specifics about your
health.

 Private secret life

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 Keep your Temper in Check at
Work
Angry outbursts, threats and bullying are
inconsistent with most professional conduct
expectations.
It is inappropriate in most workplaces or during work
related activities to:

 Yell at others (unless yelling is necessary due to

background noise or distance).
 Ridicule or insult others.
 Use your body to block or corner someone.
 Make threatening comments or gestures (explicit,
12 implicit or “joking”).
 Employee Assistance
Program

 If you are experiencing difficulty with anger or

frustration at work, it is your responsibility to address
those issues.

 Confidential assistance for emotional and personal

concerns, marital and family issues, and drug and
alcohol problems is available in a number of
organizations.

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 Employment Discrimination and
Harassment

 Discrimination refers to employment decisions like

assignments and promotions.
 Harassment refers to conduct such as bullying and
unwelcome sexual comments.
 Remember that it is about the impact of your actions
or conduct - not your intent.
 Be fair and consistent to avoid the appearance of
favoritism or discrimination.

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 Your Rights Under workplace
privacy

 Equal treatment in the workplace.

 Equal consideration for a job based on your
skills and abilities.
 Freedom from discrimination and harassment
based on a protected characteristic.

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 Protected Characteristics

 Age (40 and over)  Sexual Orientation/

Gender Identity
 Pregnancy/Marital Status
 Engaging in Protected
 Political Affiliation Activity

 Veteran Status  Race/Color

 Sex (Gender)  Disability/Medical

Condition
 Religion
 National Origin/ Ancestry
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 Age Discrimination

What Conduct is Prohibited?

Age 40 and over
 Verbal: Derogatory comments or jokes about
age, suggestions that it is time to retire or frequent
questions about an employee’s retirement plans.
 Visual: Cartoons or other visual materials that
negatively depict age.
 Working Conditions: Withholding training
opportunities or promotions based on age; any
17 disparate treatment due to age considerations.
 Pregnancy & Marital Status
(baby boomer generation)

What Conduct is Prohibited?

 Disparate treatment on the basis of pregnancy.
 Pregnancy cannot be taken into consideration when
making employment decisions (i.e. hiring,
promoting, training).
 In the event of health issues related to pregnancy, a
pregnant employee must be treated the same as
any other employee with a temporary disability.
 Disparate treatment or employment decisions on the
basis of marital status (i.e. married, single, divorced,
18 living with another) is prohibited.
 Political Affiliation/ Veteran Status

What Conduct is Prohibited?

 Political affiliation and veteran status cannot be
considered in hiring or employment decisions.
 Disparate treatment on the basis of political
affiliation and veteran status.

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 Sexual Harassment
What Conduct is Prohibited?
 Any sexual conduct that is unwelcome or offensive.
Do Not:
 Make comments and use language of a sexual
nature.
 Repeatedly ask an employee for a date after being
turned down.
 Ask about or share information about sexual
experiences.
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 Sexual Harassment
What About Electronic Devices?
Cell phones DVDs
Computers iPods
TVs Blackberries
Do Not:
•Use state cell phones or blackberries to send text
messages of a sexual nature (“sexting”).
•Use state computers to access or send materials of
a sexual nature.
•Watch TV programs or DVDs of a sexual nature at
the workplace.
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 Religion

What Conduct is Prohibited?

 Verbal: Derogatory words or comments about
another’s belief, lack of belief or the religious texts
associated with specific beliefs (i.e. the Bible,
Torah.); promoting your belief.
 Visual: Religious pictures, objects or texts displayed
or left out in common areas; distributing religious
pictures, objects or texts to others.
 Email: Comments, texts, quotes, cartoons and
images pertaining to religious beliefs or lack of beliefs
22 (pro or con).
 Sexual Orientation & Gender
Identity

What Conduct is Prohibited?

 Verbal: Derogatory comments or jokes about sexual
orientation (gay, straight, bisexual) or a person’s
masculinity or femininity.
 Visual: Pictures or objects that negatively depict or
refer to sexual orientation or gender identity.
 Electronic Devices: Derogatory comments or images
referring to sexual orientation or gender identity (text
messages, emails, DVDs, TV programs).

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 Disability/Medical Condition

What Conduct is Prohibited?

 Verbal: Derogatory comments or jokes about
physical or mental disabilities or a person’s
known or suspected disabilities; discussion
about another’s confidential medical information

 Visual: Materials that negatively depict physical

or mental disabilities, like cartoons.

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 Disability/Medical Condition (cont)

 Physical: Anything that creates a barrier to employment

or services for those with disabilities; interference with
a Reasonable Accommodation provided for a disability.

 Electronic Devices: Offensive comments of images via

email, voice mail, text messages or on DVDs or TV.

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 Race/Color/ National Origin/Ancestry

What Conduct is Prohibited?

 Verbal: Racial or ethnic jokes; derogatory
comments about race, color, a person’s country
of origin, or accent.
 Working Conditions:
Holding an employee to different standards or
subjecting an employee to disparate (unfair)
treatment.
 Electronic Devices: Offensive comments of
images via email, voicemail, text message, or on
26 DVDs or TV.
 Engaging in Protected Activity
 For purposes of engaging in a protected activity
such as making a complaint or being interviewed
as a witness in a complaint.
What Conduct is Prohibited?
 Retaliation against any employee who has
participated as a witness.
 Retaliation against any employee who has
requested a reasonable accommodation for a
disability or for religion.
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 What is Retaliation?

It includes actions and conduct aimed at getting back at

someone who has participated a protected activity. It is
a type of revenge. It may include conduct like making
threats or bullying or being unfairly excluded from work
related activities (meetings, briefings).
How can retaliation be prevented?
All employees have a responsibility not to engage in
retaliation.
Supervisors have a responsibility to protect employees

28 from retaliation.
 Workplace protection acts /
institutions

 Peoples living with disability act

 HIPPA
 COTU
 Trade unions
 Witness protection act
 Employees / employer protection acts
 etc

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 Some employee privacy
monitoring

 Email tapping
 Telephone recording
 Computer usage monitoring
 Off duty or off premises monitoring
 Medical information monitoring
 Employees background monitoring

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 Checklist for employee privacy

 Is there a policy and practice on how employee

personal information is collected and handled?
 Has the policy and practice been communicated to
staff and are they aware
 Is personal information held by the business
complete and up-to-date?
 Does the business retain personal information in a
secure way?
 Does the business have policies in place about use
of electronic equipment and how the business
31 monitors employee use of electronic equipment?
 Thanks for participation
and listening

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