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Employee Privacy Memos

Please help with writing a memorandum for each selected scenario in which you clearly state the challenge and risk to the organization, the laws that govern the situation, and a course of action to ensure compliance.

For each situation, select a different audience for your memo from the following list:

a. Employee

b. Executive leadership

c. Management

Situation 7: The organization has done drug testing for some time; however, they want to switch to a method that detects past use. Some say that a hair follicle test can detect drug use up to three months prior. Some employees became aware of this through the company grapevine and threatened to shave their heads. Your CEO suggested requiring blood tests from those who did not provide a hair follicle.

o Situation 5: An organization provides lockers for employees to store personal items securely. The employees are required to provide their own personal lock. The company, as part of their risk management program, wants to begin random and regular searches of the lockers.

Situation 2: The CEO read in recent business news that the average time employees spend working is 6.5 hours. The report identified personal e-mail use, online browsing, and phone calls as primary sources for detractors from work time. The CEO now wants e-mails and phones calls to be monitored, not for quality control, but to discover work-related violations and abuse.

Solution Preview

http://jobsearchtech.about.com/od/laborlaws/l/aa090301_2.htm

http://www.dol.gov/asp/programs/drugs/said/StateLaw.asp?id=694

http://www.twc.state.tx.us/news/efte/searches_at_work_legal_issues_to_consider.html

http://legal-dictionary.thefreedictionary.com/unreasonable+search+and+seizure

http://www.privacyrights.org/fs/fs7-work.htm#2a

The organization has done drug testing for some time; however, they want to switch to a method that detects past use. Some say that a hair follicle test can detect drug use up to three months prior. Some employees became aware of this through the company grapevine and threatened to shave their heads. Your CEO suggested requiring blood tests from those who did not provide a hair follicle.
To: Executive Leadership
From: Human Resources
Re: Drug Testing

To all concerned:
The current method of drug testing required by the company is the standard urine analysis testing. Discussions have turned to the method of hair follicle testing and blood testing for employees. In these cases, the company wishes to detect past drug use.
It is the opinion of the HR that the follicle testing method would not prove efficient for our use. We do not have such safety and security issues as would make this a necessary expense, since the testing is more expensive and time consuming. Also, the research on the tests now being done is not very firm in the results. More testing and experimentation continues on this type of test and until there is consensus that it does prove past drug use, the test would not meet our needs.

Since local laws do not allow for the testing costs to be placed on the employee or potential employee, the company would have to pay those costs, which are much higher than the current urinalysis we require. For tests that still remain unclear in their potential results, HR does not feel this expense would be justified. There are also challenges to the laws under both the Fourth and Fourteenth Amendment to the ...

Solution Summary

The solution discusses employee privacy memos.

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