Write an abstract paragraph
An employer’s right to exercise control of employees’ work life is often dictated in a company code of conduct, employee handbook or policy. Off-duty conduct, however, may be protected by state anti-discrimination laws; prohibition of certain off-duty conduct is sometimes referred to as “lifestyle discrimination.” Some states restrict employers’ ability to control off-duty conduct and apply discipline, including prohibiting legal off-duty activities such as consuming alcohol or smoking. Other states may limit the employer’s ability to control off-duty conduct even when it impacts the company’s reputation or has potential to harm the organization in some way. Employers should check state laws before implementing a policy on off-duty conduct.
Should all conduct while on a business trip be subject to management control? For example, during a weeklong business trip, a manager notices one employee in the hotel restaurant ordering the most expensive menu items. The manager approaches the employee and reminds him of the company’s business meal policy. Later that evening, the manager goes to the employee’s room to ask a work-related question. When the employee opens the door, the manager sees that the employee’s attire and bed are disheveled, the employee smells of alcohol, and a person who is not the employee’s spouse scurries out of the room. The irate supervisor wants to discipline the employee for his behavior, especially after issuing the earlier warning.
Employers need to examine:
Their right to control off-duty conduct.
What actions may infringe on employee privacy.
The extent to which employers may exercise control and impose their morals and values on employees’ work and private lives.
In this example, the manager’s actions might be deemed an invasion of privacy.
Employers should review their travel policies before assuming that the employee’s actions were a policy violation requiring discipline. Maybe the employee planned to personally pay for the meals and alcohol.
Did the employee have a “reasonable” expectation of privacy in his hotel room at 10 p.m. when off duty? Would “reasonable” people find the manager’s after-hours visit an intentional intrusion into the employee’s private space and right to seclusion, or was the manager acting within the scope of employment? These are just a few questions courts may ask when determining if an invasion of privacy occurred.
If the employee’s off-duty actions violate a company code of conduct or policy, impact the company’s business or reputation, or affect the employee’s performance, consult with legal counsel before taking action.
Before sending employees on business travel, employers should make clear the expectations regarding appropriate behavior as outlined in policies or procedures. They should also verify that employees clearly understand and are trained on these expectations.
SHRM HR Knowledge Center
As a professional member of SHRM, you can receive free, exclusive access to the HR Knowledge Center. Our advisors have many years of HR experience and a wide variety of resources to assist you with your HR questions. You may reach the Knowledge Center at (800) 283-7476, Option #5 or by using the HR Knowledge Center Request Form.