There is increasing concern among managers about the impact that their employees’ offthe-job behavior has on the company. To some extent, this interest is sparked by the recognition that employee lifestyles affect employer health care costs. However, offduty conduct is also suspected to affect the efficiency and productivity of workers, as well as increase an employer’s exposure to liability for defective products made by individuals whose on-the-job performance is affected by what they did off the job. The policy challenge for employers is to determine the legal guidelines that they can use for monitoring and regulating the private conduct of employees without violating employees’ legally protected right to privacy. Can employers regulate employee smoking or illegal substance use? Can employers make employee decisions based on the person’s weight? Can employers attempt to regulate employees’ social relationships and sexual conduct because of their suspicion that there is a danger such conduct might adversely affect the company’s economic interests? The sections that follow examine such questions, both to help determine the legal limits of an employer’s right to regulate the private conduct of employees and to help specify the types of conduct that an employer may control. LEGAL PROTECTION FOR EMPLOYEE PRIVACY
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