60. Determining whether employers should have access to personal information about
employees requires that the interests of businesses in ensuring productivity and stability
be weighed against concerns about equity and privacy interests. On balance, my view is
that employers should not have the right to obtain personal information about current
employees without their consent.
A business interest in maintaining a stable, productive workforce clearly justifies
right of access to certain personal information about prospective employees. Job
applicants can easily conceal personal information that might adversely affect job
performance, thereby damaging the employer in terms of low productivity and high
turnover. During employment, however, the employees interests are far more
compelling than those of the employer, for three reasons.
First, the employer has every opportunity to monitor ongoing job performance and
to replace workers who fail to meet standards, regardless of the reason for that failure.
Second, allowing free access to personal information about employees might open the
floodgates to discriminatory promotions and salary adjustments. Current federal laws--
which protect employees from unfair treatment based on gender, race, and marital status,
may not adequately guard against an employers searching for an excuse to treat certain
employees unfairly. Third, access to personal information without consent raises serious
privacy concerns, especially where multiple individuals have access to the information.
Heightening this concern is the ease of access to information which our burgeoning
electronic intranets make possible.
In sum, ready access to certain personal information about prospective employees
is necessary to protect businesses; however, once hired, an employees interest in
equitable treatment and privacy far outweighs the employers interest in ensuring a
productive and stable workforce.