Ariana R. Levinson
Assistant Professor of Law
University of Louisville Brandeis
School of Law
Workplace Privacy and Monitoring: The Quest for Balanced Interests
Technological innovations that permit intensive monitoring continue to be developed for deployment in the American workplace. While workplace law previously offered some protections for employee privacy, the legal rights and duties of both employers and employees have become increasingly murky as the newer technologies have been adopted. Some employers are disciplining and terminating employees based on information uncovered by monitoring via GPS surveillance, email and Internet use, and cellular phone data. Professor Levinson, a preeminent scholar in the field of workplace privacy, will explore the interests at stake for both employers and employees and the reasoning in recent judicial opinions that have developed this branch of privacy law. She will also identify some nonjudicial remedial approaches, including legislation and labor arbitration, that offer opportunities to fashion an appropriate balance of interests.