Are workplace searches appropriate?

Employers may resort to workplace searches to combat problems of workplace security, drug or alcohol use on company grounds, or company theft. In addition to searching employee lockers, desks, and vehicles, some companies also require employees to submit to pat-down or even strip searches.

Conducting searches, however, may create a practical as well as a legal dilemma. Although an employer will often have legitimate business reasons to conduct searches, employee morale and motivation may seriously suffer. And employees may file grievances or bring lawsuits against the company for wrongful discharge, invasion of privacy, infliction of emotional distress, assault, battery, or defamation.

At the center of any challenge to searches in the workplace is the employee's right to privacy. To protect itself from a legal challenge, a company should take steps to diminish its employees' expectations of privacy by creating and distributing an effective workplace search policy. In addition, companies should avoid unnecessary intrusion into private areas by setting and following specific search parameters.

For more information on how you can limit potential liability for invasion of employees' privacy while conducting workplace searches, see ¶64,018 .