All potential claims of invasion of privacy rely on the claimant showing that they possesses a reasonable expectation of privacy.
One should expect that disgruntled applicants will examine the Fourth Amendment to the U.S. Constitution and possibly assert that employer investigations into their private lives may constitute an illegal search and invasively intrudes on their right to free space. But, without a reasonable expectation of privacy, as possibly evidenced by the self-promotional aspects of social media usage, it is far from clear that any non-statutory privacy claim will carry the day. This white paper reviews social media profiles and anti-discrimination laws, and common law privacy claims.
Agenda
Faculty
Ambrose V. McCall
Hinshaw & Culbertson LLP
- Partner of Hinshaw & Culbertson LLP
- Represents a number of employers regarding employer monitoring and privacy issues and related claims by employees before courts and governmental agencies
- Advises clients on a range of employment issues, including state and federal regulatory laws, compliance, handbooks, and employee programs
- Defends clients against claims of employment discrimination, retaliation, wrongful discharge, wage and hour, and civil rights
- Represents a number of clients in commercial litigation, including breach of contract, real estate, and construction claims
- Clients include a wide variety of insurers, professionals, and business firms throughout Illinois
- J.D. degree, Case Western Reserve University School of Law
- Can be contacted at [email protected]
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