The California Constitution grants every resident of California a fundamental right to privacy. Claims for invasion into a resident’s right to privacy go beyond claims against the government, and may be brought against private entities. As a result, employers in California have adjusted hiring and employment practices to ensure that they are not violating employees’ rights to privacy.
The right to privacy extends to all facets of an employee’s physical person, their personal belongings, and their conduct in their lives outside of work. This section will address some of the impacts of the Constitutional right to privacy on an employer’s ability to monitor and control their workplace.