Watch the video “Is Nothing Private Anymore?”. The video discusses how many companies have put policies in place that prohibit their employees from engaging in certain risky behaviors outside of work (for example, when off work premises during a lunch break, or on the weekends), such as smoking, drinking alcohol, skydiving, etc., and how employees can be terminated (i.e., fired) for violating these policies. One the one hand, this saves the company money on insurance and health care costs and can protect the health and safety or workers. On the other hand, employees might feel that their privacy is being invaded and that they should have the right to decide how they behave (within legal limits) outside of work hours.
Consider this video from the perspective of the course material on Legal Issues (e.g., the Civil Rights Act) and Separation (e.g., employment-at-will). You are also welcome to apply additional course materials if you see them as relevant.
Pick one side of this debate (either Side 1 or Side 2). Develop a set of arguments supporting your side using existing court cases and rulings, reliable media sites, and information from the class lecture and readings.
- Side 1: Companies should have the right to design policies that prohibit certain risky activities, hobbies, and behaviors outside of work and terminate employees who violate these policies. In other words, argue in favor of business owners and senior leaders having the freedom to set their own policies.
- Side 2: Employees should have the right to decide what activities, hobbies, and behaviors they engage in outside of work, and should not be terminated for engaging in certain behaviors. In other words, argue against companies designing prohibitive policies that put restrictions on employee behavior outside of work for which they can be terminated.
Respond to the following questions/prompts:
Paragraph 1: Consider your position from the perspective of either the owner of your own company, or an employee. Which side of the debate did you pick, and why? In other words, should organizations have the right to terminate employees based on their activities, hobbies, and behaviors outside of work? Provide at least two (2) specific arguments in favor of your side, drawing from the course material on Legal Issues and Separation and additional research.
Paragraph 2: Find a court case that supports your argument. Provide details of the case, and explain how this case is relevant to your argument.
Paragraph 3: Imagine you are a Chief HR Officer, and you are given the responsibility to design a policy that takes into account both healthcare costs and employee privacy. Describe at least two basic principles for this policy. What features would it have? What restrictions would it include, or not? For example, if you decide to prohibit certain behaviors and not others (e.g., smoking cigarettes, eating junk food, riding motorcycles), where would you draw the line? What do you believe is the best balance?
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