Monitoring E-Mail In The Workplace: Privacy Rights And Employer Responsibilities

Abstract

Two important legal issues with significant implications for both employers and employees are whether employers have a right to access their employees’ e-mail correspondence and whether employers should monitor their e-mail systems.  Many people assume that e-mail messages sent and received at work are afforded the same legal protection from invasion of privacy afforded traditional letters.  This assumption could not be further from the truth. Privacy law, case law, and Title VII responsibilities are discussed.  Suggestions are made for procedures employers should follow to ensure the proper use of e-mail in the workplace.