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Full-Text Articles in Law

Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman Jul 2006

Workplace Blogs And Workers' Privacy, Rafael Gely, Leonard Bierman

Faculty Publications

In this article we focus on a related issue. We discuss the development of blogs, and the virtual “space” where blogs and bloggers interact the “blogosphere” and their impact on the issue of workers' privacy. To some extent it would seem a bit of a contradiction to talk about privacy and blogging in the same article. Blogging, as we will discuss below, does not appear to be the most private of enterprises. There are, we argue, a number of interesting privacy issues raised by the development of blogs as an employee communication tool and by the way employers have reacted ...


From North To South Country: Race, Gender And Immigration And The Role Of Unions In The Sanitized Workplace, Ruben J. Garcia Jan 2006

From North To South Country: Race, Gender And Immigration And The Role Of Unions In The Sanitized Workplace, Ruben J. Garcia

Scholarly Works

Professor Vicki Schultz's ground-breaking article, The Sanitized Workplace, questions whether all sexual conduct is inappropriate in the workplace, whether sexually-charged work environments necessarily disadvantage women, and whether sanitizing the workplace of sexuality impedes gender equality. Her article proposes that a less sanitized workplace with less over-reaction to sexuality would allow for more freedom of sexual expression and be more advantageous to women. According to Professor Schultz, the misuse of sexual harassment law may lead to increased segregation and employers' unwillingness to hire women. In many workplaces today, where office romances are seen as a litigation threat instead of a ...


Language Diversity In The Workplace, Cristina M. Rodríguez Jan 2006

Language Diversity In The Workplace, Cristina M. Rodríguez

Faculty Scholarship Series

In March of 2005, the manager of a Dunkin' Donuts in Yonkers, New
York, stirred some local controversy when he posted a sign inviting customers
to complain if they heard employees behind the counter speaking a
language other than English. A day later, the manager removed the sign,
responding to vociferous complaints that it amounted to discrimination.
While the mini-drama was not itself an unusual event-English-only rules
have become increasingly common in the American workplace-the episode
did not follow the predictable script. The manager, who acted on his
own, was himself a native Spanish speaker-an immigrant from Ecuador.
He claimed ...


Privacy For The Working Class: Public Work And Private Lives, Michael Selmi Jan 2006

Privacy For The Working Class: Public Work And Private Lives, Michael Selmi

GW Law Faculty Publications & Other Works

Privacy has become the law's chameleon, simultaneously everywhere and nowhere. This is particularly true of the workplace where employees often seek some private space but where the law, particularly the formidable employment-at-will rule, typically frustrates that search. As the workplace has expanded both in its scope and importance, additional concerns have been raised about an employer's potential reach outside of the workplace. In this symposium contribution, I explore the privacy issue by asking a fundamental question: what do employees deserve? My answer is that, as a matter of policy, we ought to concede privacy issues as the employer ...