Thursday, February 9, 2006
Today and tomorrow, I am in Baton Rouge at LSU attending the Examining Privacy in the Workplace Conference (see previous post announcing the conference here).
Professor Finkin spoke about privacy protections for employees outside of the workplace from a comparative law perspective. In particular, he talked about the more significant privacy protections (referred to as "personality interests") that employees in Germany and France have outside of the workplace and how such conceptions can help shape off-duty work privacy protections for employees in the United States.
Professor Fisk spoke about employee autonomy at work, and in particular, in the area of dress code regulations. She provocatively suggested that dress code regulations should be analyzed under privacy law rather than anti-discrimination law. Specifically, Professor Fisk proposed a new tort for protecting at-work autonomy which balances employee interests in workplace autonomy against legitimate employer business interests.
More updates to follow.