In addition to statutory claims, employees can bring common-law claims against you for invasion of privacy. If you disseminate information obtained privately from the employee, you could be subject to claims of having placed the employee in a false light or giving unreasonable publicity to that employee's personal life.

The following are some common-law causes of action that involve intrusion into an individual’s privacy. Each of these privacy violations can arise in the workplace.

Appropriation of the name and likeness of another

Example: Using photographs or names of employees in your advertising or marketing, particularly of former employees without their permission, can result in a claim for appropriation.

Unreasonable publicity given to another’s private life

Example: Telling others that an employee is suffering from AIDS or is recently divorced gives unreasonable publicity into that employee’s private life.

Unreasonable intrusion upon the seclusion of another

Example: Surveillance of an applicant for a sensitive position during a background check can lead to claims for unreasonable intrusion into the employee’s seclusion (privacy).

Publicity that unreasonably places a person in a false light before the public

Example: Publicizing sensitive facts about an employee can place that employee in a false light; for example, telling a group of employees that another employee was fired for dishonesty when the employee resigned with no proof of dishonesty.

Federal and State Privacy Protection

Common Law Privacy Claims

Federal and State Privacy Protection