ications.Additionally, state constitutions might provide some protection. Anumber of state constitutions provide a specific right of privacy. But,only California has specifically determined that its constitutionprovides a cause of action against nongovernmental entities. However,even in California, the courts will give significant weight to thebusiness interests of the employer.Conclusion -As discussed, much of the law of privacy in the workplace turns on thereasonable expectation of privacy. When evaluating different situations,it is important to keep in mind that the law in this area is a movingtarget, as recently expressed by Professor David Post of GeorgetownUniversity Law Center (in The American Lawyer, October 1995) "until wehave all spent more time in this new electronic environment, who can saywhat our expectations really are --let alone whether they arereasonable?"In the workplace, federal and state laws provide some protection toemployee communications. However, this protection is quite limited.Until the law develops further, employers should prepare carefullydrafted Policy Statements that explain how the employer intends tomonitor employee communications. And employees, even in the absence ofsuch Policy Statements, would be well advised to consider theircommunications available and accessible to the employer. Also, whereprivacy is an issue, employees and employers can create a moreproductive work environment if they work together to jointly develop aPolicy Statement that balances the legitimate interests of both theemployer and the employees....
