Employee Privacy: Pennsylvania
The below content should be reviewed in conjunction with the in-depth federal coverage of this topic provided above.
Author: Celia M. Joseph, Fisher & Phillips LLP
- Pennsylvania recognizes invasion of privacy claims. See Common Law Privacy Causes of Action.
- In Pennsylvania, there are numerous state and local statutes, as well as common law rules, regulating the rights to privacy in the employment relationship, including those relating to: criminal background checks; polygraphs, telephone and computer monitoring, public documents, and substance abuse testing. See Pennsylvania Statutes Involving Privacy Rights.
- Unlike many states, Pennsylvania does not provide specific stated privacy rights through a state constitution, nor does it have laws regulating credit background checks, off-duty conduct, or the right for employees to have guns on private property. See Privacy Statutes That Do Not Exist In Pennsylvania.