ABA Family Legal Guide

Law and the Workplace

On the Job

Privacy in the Workplace

Can employers search workers or their possessions?

Yes, generally, if workers have been told in advance that the employer can do so. Within limits, the law usually allows such searches. However, a collective bargaining agreement might restrict or prohibit such conduct. (For a discussion of the constitutional restrictions on public employers, see "Special Rights of Public Employees" on page 438.)

It is extremely important, however, that employers are careful about the manner in which they conduct searches so as to avoid tort liability for assault, battery, false arrest, and intentional infliction of emotional harm or invasion of privacy.

First, employers should have a work-related reason for the search, although they do not have to prove probable cause to conduct a search. Second, any search should be conducted by the least intrusive means possible. Third, employers should inform employees that searches might be conducted. Fourth, employers should not physically harm employees in the course of the search or threaten employees with physical harm. Fifth, the employer should not attempt to prevent employees from leaving the premises by threat of harm or other coercive means, although they are usually allowed to tell employees that they will be disciplined or discharged if they leave.