You've got mail! (And the government knows it): applying the Fourth Amendment to workplace e-mail monitoring
Article Abstract:
Employee privacy rights are increasingly threatened by employers monitoring of personal as well as business communications on e-mail. The 4th Amendment provides a sound basis for challenging these day-to-day encroachments at least in government employment. A standard of suspicion in individual cases should apply and special needs could be accommodated using the standards for suspicionless searches established by the US Supreme Court in Chandler v. Miller. Government employee protection would likely eventually result in private employee protection through new interpretations of law influenced by the federal standard.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
Reclaiming Title VII and the PDA: prohibiting workplace discrimination against breastfeeding women
Article Abstract:
The author outlines the development of the Supreme Court's pregnancy discrimination analysis and its 1976 General Electric Co. v. Gilbert decision, which held that Title VII did not protect against workplace discrimination based on pregnancy. The overruling of Gilbert by the Pregnancy Discrimination Act of 1978 is also discussed.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
RCRA in the workplace: using environmental law to combat dangerous conditions in sweatshops
Article Abstract:
The author examines the use of environmental laws, such as the Resource Conservation and Recovery Act of 1976, in remedying hazardous work conditions and concludes that the RCRA could apply to some conditions present in garment industry's sweatshops.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 2000
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: No: the remedy lies in state court. Yes: it's time to declare war on spouse abuse. No: grandstanding does not offer a solution
- Abstracts: Reconsidering the "lack of duty" defense to state auditor negligence claims. A comparative analysis of dramshop liability and a proposal for uniform legislation
- Abstracts: No-standing zone deters citizen suits; a spate of recent decisions, including the Supreme Court's 'Steel Co.' ruling, could raise barriers to private plaintiffs' actions
- Abstracts: Civil settlement during rape prosecutions. Making the criminal pay in cash: the ex post facto implications of the Mandatory Victims Restitution Act of 1998
- Abstracts: Gatekeeping and the admissibility of scientific evidence in the post Daubert/Joiner/Kumho Tire world. The heuristics of intellectual due process: a primer for triers of science