ABSTRACT

When designing and developing programs and procedures to prevent workplace violence, prudent professionals should not lose sight of the substantial number of protections provided to individual employees. A general outline for the various forms of workplace privacy issues can be found in Restatement (Second) of Torts Section 652A(2) (1977). Employers attempting to assess and identify individuals who may be prone to workplace violence usually want to acquire as much information as possible. Accordingly, a dismissed employee is most likely to benefit from the intrusion and publicity given due private life variance. The intrusion upon seclusion issue consists of an intentional interference with the plaintiff's private affairs in a manner "that would be highly offensive to a reasonable man;" it does not depend on any publicity given to the information collected about the plaintiff. The Americans with Disabilities Act of 1990 has opened a huge new area of regulatory compliance which will directly or indirectly affect most companies.