Off-Duty – On Guard Case
© 2006 UMD
Traditionally business owners not only had the absolute right to create and promote certain
environments within the workplace, but also to control certain activities in their employees’
private lives. “After all, employer-employee law was once known as ‘master-servant’ law”
(Lype). Modern employee-employer relations have changed dramatically from the days
when employers could control their employees’ private lives. Through advances made by
organized labor and government legislation over the years, the employer’s right to monitor
employees' conduct off the job, and make decisions based on that conduct has been
significantly limited but not eliminated. Today, employers have the technology, and
occasionally, legitimate reasons to find out what workers are doing on their own time, but
how far should employers take this? Do good business decisions always measure up to
moral and ethical standards?
Some historical examples
In the late 1800s and early 1900s, mine owners were able to control their employees’
purchasing habits. “The Miner T. Ames estate, which owns the mines here, insists upon the
men trading out most of their pay in the estate's truck store, discharging those who refuse to
do this” (Minonk Talk).
According to the Portage County Historical Society, in the early 1900’s educators were
required to follow these “Rules of Conduct for Teachers”.
1. “You will not marry during the term of your contract.
2. You are not to keep company with men.
3. You must be home between the hours of 8 P.M. and 6 A.M. unless attending a
school function.
4. You may not loiter downtown in ice cream stores.
5. You may not travel beyond the city limits unless you have the permission of the
chairman of the board.
6. You may not ride in a carriage or automobile with any man unless he is your
father or brother.
7. You may not smoke cigarettes.
8. You may not dress in bright colors.
9. You may under no circumstances dye your hair.
10. You must wear at least two petticoats.
11. Your dresses must not be shorter than two inches above the ankle.
12. To keep the schoolroom neat and clean, you must: sweep the floor at least once
daily; scrub the floor at least once a week with hot, soapy water; clean the
blackboards at least once a day and start the fire at 7 A.M. so the room will be
warm by 8 A.M.”
Off-Duty – On Guard
During the 1940s-1960s, the airline industry dictated the off-duty conduct of their
stewardesses with strict rules. “Weight gain could mean grounding without
pay...Stewardesses most emphatically could not be married: marriage spelled the end of the
job. Hair had to be kept short, eyeglasses and jewelry were verboten and nail polish was
mandatory” (Hall).
Today
Today, most people will agree that employers have just cause to control employee behavior
during work hours and on company premises. However, those same people will think twice
when employer control of behavior extends into employees’ private lives. In all of the
aforementioned examples, the connection between off-duty activities and actual job
performance is sketchy at best. In more recent times companies justify some intrusions into
employees’ privacy by adhering to reasoning that has shown to stand up in court.
According to Business Owner’s Toolkit, “to determine whether there is any action that you
can take regarding an employee's lawful off-duty conduct, ask yourself the following
questions:
 Is there a relationship between the off-duty conduct of the employee and the
performance of the employee's job?
 Does the employee's off-duty conduct put your business in an unfavorable
light with the public?
 Does the employee's conduct have a potential for harming the business?”
During the selection process, employers have a legitimate interest in learning as much as
they can about a potential employee who may join their ranks and become a representative
of the company. However, while potential employees have fewer privacy rights than
current employees (Fox), during a job interview, employers are cautioned against asking
questions that refer to an applicant’s private life and seem to be unrelated to specific job
duties, like:
 “Do you have a drug or alcohol problem?
 Are you taking any prescription drugs?
 Would working on weekends conflict with your religion?
 Have you ever been arrested?” (Resumagic.com)
During the tenure of employment, an employer cannot pry into an employee’s private
affairs without just cause. In fact, “the employer must prove a connection or ‘nexus’
between the misconduct of the employee and the character of the employee’s employment
or the employer’s legitimate interests” (Otto). Even if an employer has reason to believe
that a particular off-duty conduct justifies some scrutiny, “the methods that employers use
to obtain information about employee conduct off-premises, may be actionable under the
common-law privacy torts.” (Fox) Employees cannot be forced to participate in activities
they feel infringe on their right to privacy such as psychological or personality testing
(Fox), company sanctioned political events, or company get-togethers after regular hours.
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Because illegal activity is beyond the scope of this paper, only legal off-duty activities will
be discussed. This will eliminate discussion about concurrent off-duty activities such as
drug use, arrests, and convictions.
Legitimate reasons employers may want to monitor their employees’ off-duty conduct
Economics
First and foremost, corporations are concerned about their bottom line. They therefore,
want employees who not only have ability, but who also are productive and loyal workers.
Corporations would also like to avoid employees that impose a greater financial burden on
the company. Employees who are unhealthy significantly increase cost to companies in
terms of absenteeism, and likely will result in increased health care and sick pay claims.
Company liability for employee’s off-duty conduct
The employer has a duty to provide a safe workplace for employees. “Failing to investigate
an applicant can give rise to claims for negligent hiring if the applicant is hired and
subsequently injures another employee” (Savage). There is a similar liability to the
corporation if an employee is retained after management has been made aware of a possible
danger and he or she then injures a coworker. For instance, a company may be aware of an
employee’s excessive alcohol consumption, and may even tolerate it for whatever reason.
However, if the employee injures someone, off-duty and off company premises, the
company may be held liable. In the case of John v. Flynn, the court held the employer
liable for the off-duty actions of the employee finding “that the employer created the
opportunity for Mr. Flynn to drink and could have controlled the situation” (Otto).
Threats to Business
Employers have a legitimate right to be made aware of off-duty conduct, either accidental
or intentional, that embarrasses the company, jeopardizes the company’s ability to do
business, or damages its corporate reputation. This includes actual damage to a business’
property and assets, both tangible and intangible (reputation). “Employers may sanction
employees for... disreputable conduct that hurts the employer’s business or reputation
despite an employee’s privacy or wrongful discharge claim” (Fox).
Some common types of legal off-duty conduct that employers may have the desire and
ability to sanction
Moonlighting and other business activities may affect an employee’s job performance in
several ways. The employer might be concerned that a moonlighting employee will use
company time to do work for the other business, or that it may lead to abuse of paid time
off. If the employee’s other job is with a competitor, it’s bound to produce divided
allegiance and conflict of interest issues, and there is danger of exposing confidential trade
secrets. Many companies or franchises include a ‘non-compete’ clause in employment
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contracts to prevent employees from setting up competing businesses and/or soliciting the
employer’s customers.
Most companies have policies against nepotism and fraternization. Intimate relationships
between coworkers can lead to conflict of interest problems, allegations of favoritism, and
serious disruption of morale among coworkers. In addition, personal conflicts outside of
work have a greater potential to affect working relationships. This is especially likely if one
person is in a supervisory role over the other. Even when promotions or job assignments
are rightfully earned, charges of favoritism will likely arise in a situation where nepotism or
fraternization is involved.
In search of a healthier bottom line, employers are taking a closer look at one of the largest
and fastest growing costs, healthcare. One way companies try to reduce the cost of
healthcare is by promoting, or creating a healthier workforce by encouraging employees to
change unhealthy lifestyles. Smoking has become a hot issue as more companies seek to
reduce the number of their employees who smoke. “In 1999, each adult smoker cost
employers $1,760 in lost productivity and $1,623 in excess medical expenditures” (CDC)
affecting both job performance and health care costs to employers. However, the ability of
a company to limit its employees’ smoking varies by state, and some states have included
smoking in their anti-discrimination legislation (Freedman). Visit the American Lung
Association online for a current list of states that have instituted smoker protection laws.
The right of an employer to discipline “Where an employee’s off-duty behavior is blatantly
inconsistent with the mission of the employer”, will likely stand up in court (Fox). Legal
disreputable off-duty conduct which a majority of people might find offensive such as
participation in legal adults-only activities, overtly racist conduct, or solicitation (where
legal) “may escape sanction if it is protected by the First Amendment” (Fox). However, the
legal interpretation is broad, and “what constitutes a sufficient notorious act...will [likely]
be assessed in light of the employer’s business needs and community mores” on a case-bycase basis (Fox). There also exists the possibility that productivity or morale will be
adversely affected if coworkers won’t want to work with the employee because of his offduty conduct.
On the face it would appear that all employees have the right to freely express their
political views on their own time. However, there are some “instances in which employers
may legitimately restrict the political expression of their employees...The Washington
Supreme Court recognized a newspaper publisher’s constitutional right to prohibit public
political activity by reporters, to protect the newspaper’s image of impartiality”. A similar
situation arose when the courts upheld the dismissal of an employee who lobbied for
legislation that was opposed by the company. (Fox)
Employers have also sought, under certain circumstances, to limit employee’s associations
with groups that reflect adversely on the image of the company, or make coworkers
uncomfortable. “For example, a bus driver was publicly identified as the Grand Dragon of
the state branch of the Ku Klux Klan and was fired from the bus company. The discharge
was upheld in the face of the harm an inevitable boycott against the company would cause”
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(Curtis). Employees’ religious affiliations and related activities are generally off limits to
employers. “However, an employee who brings politics or religion to work, by
proselytizing or attempting to convert others, [during off-duty times like lunch breaks],
may be subject to discipline by the employer” (Nolo).
The Internet has become a double-edged sword for businesses. It is a powerful
technological tool that provides efficiency, allows you to reach a vast audience at minimal
cost, and saves time. It also provides the technology to track employees’ Internet activities.
As long the employer is the Internet service provider, clickstream data can be tracked, even
if an employee is logged on from home during off-duty hours. Email routed through the
company server, is not considered to be confidential, since technology exists to view it.
There are some legitimate reasons that a company may want to track employees’ digital
excursions. First of all, the company may be liable for any digital correspondence
originating from within its corporate network, and secondly, the network itself may put at
risk (ie., from viruses) by the Internet activity of its employees (Dixon).
Technically speaking, past conduct is off-duty since it occurred during a time when an
employee was not working for the corporation. Undisclosed prior convictions and arrests,
which have been ‘paid for’ or vindicated, no longer render the employee illegal, but if
“your business requires employees to work alone in customer homes, potential harm to the
company [may be] enough to sustain a termination even though no actual business loss is
demonstrated (Curtis).
The employees’ view
The employers’ desire to know, and employees’ reluctance to disclose, has created a new
buzz-phrase, ‘lifestyle discrimination’. A topic so new, and so broad, that I was unable to
find a working definition of it. So, borrowing a partial definition of discrimination from
National Institute of Environmental Health government Web site, I came up with this
approximation of a definition. “[Lifestyle] Discrimination is defined...as unfavorable or
unfair treatment of a person...[because of participation in a particular type of legal activity
during their off work hours] in comparison to others who [do not participate in the same
activity]” (NIEH).
Employee rights versus the costs of doing business
There are some protections in place for union workers, government employees, and some
private sector employees. However, states differ in their levels of protection for public
sector employees and some, but not all, “permit an employee to sue for the ‘tort for
wrongful discharge’ [which] provides some relief for employees from the employment at
will doctrine” (Workplacefairness). However, since employers have had some measured
success legally restricting off-duty smoking among their ranks, people concerned about
their personal rights, and the broad nature of this discrimination, wonder what will be
targeted next? Some are concerned employers be allowed to inquire into other off-duty
conduct which could affect an employee's health, such as “caffeine, a legal stimulant...sun
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Off-Duty – On Guard
exposure, unsafe sex, fast foods, lack of exercise, and even dangerous, but legal activities,
such as skiing and skydiving” (RYAN).
Corporations who use smoking and other risky lifestyle choices as selection criteria are
applying a short-term solution to a long-term problem. “Smokers still make up 23 percent
of the adult population” (Sappenfield) and by removing this large segment from the
selection pool corporations may be sabotaging their own ability to achieve future
competitive success. This may be part of the reason why “about a year and a half ago,
Turner Broadcasting System in Atlanta rescinded its 14-year-old policy of refusing to hire
smokers...[claiming] ‘it was a little too stringent’” (Freedman).
Employers’ monitoring and restricting of employees’ off-duty conduct is not without cost.
Aside from the tangible cost of the equipment and labor to do the tracking, there are also
some intangible costs. Monitoring employees affects the employer/ employee relationship
in several ways. In a corporation that depends on teamwork and collaboration between
managers and workers, monitoring employees’ off-duty conduct will not create the
atmosphere of trust necessary for good working relationships. Employees respond
differently when it’s known they are being monitored, they are less likely to have a
favorable opinion of the company, and they often have lower morale.
“Many employment experts believe it’s morally wrong to fire people because you don’t
agree with their behavior or don’t like what they do in their spare time. ‘It’s a misuse of
corporate power, says Lewis Maltby, president of the National Workrights Institute in
Princeton, N.J. ‘There are countless unpopular groups in this country, and it’s just not
right’ to prevent members of these groups from holding jobs. What’s more, a company may
think it’s within its rights to fire someone for behavior that contradicts its value system,
but, in fact, the person may be part of a protected class” (Hirschman).
According to Carolyn Hirschman, from Society for Human Resource Management, some
things that may limit employers’ ability to discipline for off-duty conduct are,
1. “Federal anti-discrimination laws prohibit all but the smallest employers from
terminating employees:
 Based on race, color, national origin, religion, sex, pregnancy, age and disability.
 For engaging in legally protected activities such as union organizing, whistleblowing, filing a workers’ compensation claim and reporting potential safety
violations.
2. Written employment contracts and employee handbooks, either of which may specify
that employees will be terminated only for cause.
3. Most collective bargaining agreements allow union employees to be terminated only for
‘just cause,’ and...most union contracts don’t allow termination for off-duty behavior
unless it directly affects job performance” (Hirschman).
Different views of privacy
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A complicating factor in the issue of ‘lifestyle discrimination’ is that there are several
interpretations of privacy, and levels of protection regarding employee off-duty rights
depending on where you live, your specific job, and the specific situation.
Public employees are protected by federal legislation and “may invoke the U.S.
Constitution to allege a right to privacy violation where they can show the necessary ‘state
action’ required to make out a constitutional claim...Ordinarily, in cases involving
discipline of public employees, the government must show an adverse impact on the
employee’s performance or the ‘efficiency of the service’. When employee misconduct is
‘off-duty’ and non-work related, courts are generally unwilling to presume that discipline
or discharge will promote the efficiency of the service; instead, the government must
demonstrate how the off-duty misconduct adversely impacts the service” (Fox).
While private employees do not enjoy the same level of privacy protection, “private
employers...[must also]...show just cause to discipline or terminate employees due to offduty misconduct. [The onus is on the employer to] demonstrate that the employee’s offduty misconduct is ‘reasonably related’ to the business and/or has the potential to adversely
affect the business” (Fox). However, the broad scope of the relatively new “‘lifestyle
discrimination’ statutes, that limit the right of employers to discipline employees for offduty conduct”, are not well defined leaving the door wide open for interpretation (Fox).
Where you live, determines the level of protection enjoyed by private employees. It is true
that “more than half of all states bar termination for various types of off-duty conduct”
(Hirschman). However, that still leaves some states that do not provide broad protection for
off-duty conduct.
Different types of jobs are held to different standards. When considering police and peace
officers, “courts have imposed liability upon employers for seemingly ‘private’ conduct of
employees if there is a finding that the conduct arose as a result of the employment
relationship. This is particularly a risk when the employee is a licensed peace officer
because the license itself provides the officer full authority, 24 hours a day, within his
employing jurisdiction. Once an officer appears to have exercised police authority, the city
may become liable for his/her actions even if the officer intends to act privately or
exceeded his/her police authority... The mere use of police equipment may subject the city
to liability. For example, an off-duty police officer, out of uniform but carrying a
department required firearm, may be considered to have performed ‘official duties’ if he
uses his gun while acting ‘under the color of law’” (Beety).
There seems to be a fascination with, and a growing sense of ownership in, the private lives
of public people. Even though politicians must make personal financial information, and
some medical records, available to the public, the current political environment has
spawned a movement toward total disclosure, contending that politicians have no right to
privacy. The followers of this current trend assert that all details of politicians’ off-duty
conduct and private lives are relevant and should be open for scrutiny, as was painfully
evident in our last presidential election. This feeling of public ownership has been extended
to the private lives of other public figures like celebrities, and professional athletes who,
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not only manipulate the media for their own benefit, but are often, willing or not, role
models for children who aspire to be like them. During their climb to fame they actively
court the media, seeking buy-in from the public. Once they reach the top, the public
continues to seek payback – it’s the price of fame.
Even though I used an outdated code of ethics in my historical example at the beginning of
this paper to give emphasis to how far society as progressed, teachers and other
professionals, who hold positions of trust and influence, are still held to a higher standard
“recognizing that [these] professions impose responsibilities and limitations on freedom of
action which do not exist in other professions” (Gust).
Teachers also teach by example, and there are many references to the off-duty conduct of
teachers that can be sanctioned, since they serve as role models to children.
 “A teacher serves as a role model for his or her students... failure to conduct [him or
herself] as a role model impairs his [or her] effectiveness as a teacher” (Hahn).
 “Police officers and teachers appear to be held to higher standards of off-duty
conduct than other public employees because they are ‘role models,’ and therefore
they have fewer privacy protections” (Lype).
 “An important factor to consider...is the fact that teachers are role models for
students whether a student is in a particular teacher's class or not. In addition to
merely conveying curriculum information to children in the classroom, teachers
play a much broader role in influencing children through their general demeanor in
the classroom and through their off-duty lifestyle. This role model influence on
students means that a teacher's off-duty conduct can fall within the scope of the
employment relationship” (Ross).
 “[T]eachers are to be held to a higher standard of conduct than other employees.
School employees are held to a higher standard of conduct because they function as
role models to children” (WisBar).
The military is another employer that holds its employees to a different standard in their
private lives. While delving into the morass of military law is beyond the scope of this
paper, suffice it to say, it is must more severe than the standard law-of-the-land. “[I]n the
name of discipline and, ultimately, national security, the military requires its members to
set aside their normal covers of autonomy and privacy to expose their personal lives,
including their sexual relationships, for military inspection” (Winner).
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III.
Case Questions.
1.
What if an employee, while off-duty, served as an organizer and
spokesperson of a very large “Marriage Is One Man and One Woman” rally that
was widely televised on the local TV news and in the newspapers. The rally
encouraged a state ban on same-sex marriage. Your employee claimed that God
is opposed to the gay lifestyle. Suppose further that the employee was a
supervisor.
A. Should you (the employer) be allowed to require that the supervisor not
engage in such off-duty conduct, which is otherwise protected by the First
Amendment?
B. What if s/he was wearing a tee shirt with your company logo on it while being
interviewed on TV?
2.
Your company gives an extravagant company party after hours, and it is an
unwritten rule that all employees who want to be in good standing in the firm
must attend.
3.
Should employers be allowed to inquire into off-duty conduct, such as
cigarette smoking which could affect an employee's health? What about other offduty conduct such as lack of exercise, and even dangerous, but legal activities,
such as skiing and skydiving?
4.
In the last year, your company has started to become more civic minded
and socially responsible.
A. Should you be able to require your employees to participate in community
activities on personal time, claiming that it is a reflection on your business
reputation?
B. Is it ethical to require them to participate in the United Way campaign? Is it
ethical to strongly encourage them to do so?
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List of Sources.
Adams, Michelle L. and Howard, George S. “Responding to the Aftermath of September 11th: Employment
Law Issues”. Pillsbury Winthrop LLP. 11 Dec 2001. Google. 19 March 2005.
<http://www.pillsburywinthrop.com/practice/pubsdetail.asp?pubid=000058228444&areaid=000058266444>
“Balancing Off-Duty Conduct Issues”. HRMatters. August 2002. www.ppspublishers.com. Google. 27 Feb
2005.
<http://hrpro.org/Docs/offduty.pdf>
Barrett, Michelle R. “‘Lawful Conduct’ In Amended California Labor Code 96: ‘Lifestyle Discrimination’
Provision or Restatement of Civil Liberties Protection?”. Littler Mendelson, A Professional Corporation.
Copyright 2000. Thompson Findlaw, For Legal Professionals. Google. 24 Feb 2005. <
http://library.lp.findlaw.com/articles/file/
00073/003591/title/Subject/topic/Employment%20Law_Discharge/filename/employmentlaw_2_2806>
Beety, Patricia Y. “Off-Duty Conduct: Legal Issues And Practical Suggestions”. League of Minnesota Cities.
April 2003. Google. 27 Feb 2005. <http://www.lmnc.org/pdfs/OffDutyConduct.pdf>
Canter, Jonathan. “Drawing The Line On Privacy At Work”. CareerJournal.com, The Wall Street Journal
Executive Career Site. Copyright 2005. Dow Jones & Company. Google. 17 March 2005.
<http://www.careerjournal.com/myc/legal/19990209-canter.html>
Curtis, David. “Employment Law, Can You Discipline An Employee For Off-Duty Misconduct?”. Managing
Workplace Conflict. Copyright 2003: Volume 2, Issue 12. The Dartnell Corporation. Gardere.com. Google.
27 Feb 2005. <http://www.gardere.com/Content/hubbard/tbl_s31Publications/
FileUpload137/764/MWC-Discipline-Curtis.pdf>
Dallas, James. “Making A Case For Negligent Retention / Hiring”. Dallas Security, Inc. June 2001. Google.
11 March 2005.<http://www.dallassecurity.com/Published_Articles/Negligent_Hiring/negligent_hiring.html>
“Definition Of Discrimination”. Office Of Equal Employment Opportunity, National Institutes Of Health.
Post date unknown. National Institute Of Environmental Health Sciences. Google. 15 March 2005.
<http://www.niehs.nih.gov/oeeo/disc-def.htm>
Dixon, Rod. “With Nowhere To Hide: Workers Are Scrambling For Privacy In The Digital Age”. Journal Of
Technology Law & Policy. Spring 1999: Volume 4, Issue 1. University Of Florida College Of Law. Google.
15 March 2005. <http://grove.ufl.edu/~techlaw/vol4/issue1/dixon.html>
Ellsworth, Eva. “Smoking Gun”. MensNewsDaily.com. 31 Jan 2005. Google. 1 March 2005.
<http://www.mensnewsdaily.com/
archive/c-e/c-e-misc/ellsworth013105.htm>
“Flash in the Pan, or Threatening Trend: Workplace Smoking Restrictions”. Today’s Workplace: It’s
Everyone’s Job. 3 Feb 2005. Workplace Fairness. Google. 16 March 2005.
<http://www.workplacefairness.org/110745312170411019>
Fox, John C. and Alis, Enrico M. “Privacy Inside And Outside The Workplace”. Fenwick and West, LLP.
Copyright 2002. Google. 2 March 2005. <http://www.fenwick.com/About_Fenwick/privacy>
Freedman, Anne. “Smoking Policies: A Burning Issue”. Top Story by Human Resource Executive®
Magazine. Post date unknown. Workindex.com. Google. 24 Feb 2005.
<http://www.workindex.com/editorial/hre/hre0201-03.asp>
10
Off-Duty – On Guard
“Genetic Discrimination: Why Is Nothing Happening In The House?”. Today’s Workplace: It’s Everyone’s
Job. 17 March 2005. Workplace Fairness. Google. 17 March 2005.
<http://www.workplacefairness.org/110745312170411019>
Gust, Judy A., Arbitrator. “Arbitration In The Matter Between County Of [ ] And The County Employees
Union”. National Arbitration Center. 11 Dec 1999. LawMemo.com. Google. 19 March 2005.
<http://www.lawmemo.com/arb/award/1999/131.htm>
Hahn, Paul A., Arbitrator. “In The Matter Of The Arbitration Of A Dispute Between Green Bay Education
Association And Green Bay Area Public School District”. Before The Arbitrator. 1 Sept 2000: Case 207,
Number 58408, MA-10948. Wisconsin Employment Relations Commission. Google. 19 March 2005.
<http://werc.wi.gov/grievance_awards/6128.pdf>
Hall, Carol. “Stewardess Jobs Were Different From Flight Attendants”. Good Age Newspaper. Post date
unknown. Copyright Amherst H. Wilder Foundation. Google. 28 Feb 2005.
<http://www.wilder.org/goodage/RememberWhen/stewardess704.html>
“Here Today, Gone Tomorrow, Legal Protections”. Workplace Fairness. Copyright 2005. Google. 16 March
2005. <http://www.workplacefairness.org/sc/protections.php>
Hirschman, Carolyn. “Off Duty, Out Of Work, Employers Have The Right To Fire Employees For Most OffDuty Behavior, But Should They?”. HRMagazine. Feb 2000: Volume 48, Number 2. SHRMOnline, Society
for Human Resource Management. Google. 27 Feb 2005.
<http://www.shrm.org/hrmagazine/articles/0203/0203hirschman.asp>
Hoffman, Kathy Barks. “Workers Told ‘No Smoking’, Even At Home. Company’s Decision To Dismiss
Workers Who Smoke Alarms Privacy And Workers’ Rights Advocates”. ABC News, Business. 8 Feb 2005.
Google. 1 March 2005. <http://abcnews.go.com/Business/wireStory?id=482071&page=1>
“Illegal Job Interview Questions”. Resumagic.com. Post date unknown. Google. 1 March 2005.
<http://www.resumagic.com/interviews_illegalquestions.html>
“Internet / Privacy”. Fair Measures, Because Good Intentions Aren’t Good Enough. Copyright 1997-2004.
Google. 8 March 2005. <http://www.fairmeasures.com/dresscodes>
Ison, Elizabeth R. “Smoking Might Get You Fired”. Newsletters, The Ison Law Group. Copyright 2005.
Google. 9 March 2005. <http://www.theisonlawgroup.com/?News%7C1058>
Kinsman, Michael. “More employers looking into workers' off-duty activities”. The San Diego UnionTribune. 20 Feb 2005. SignOnSanDiego.com. Google. 24 Feb 2005. <http://www.signonsan
diego.com/uniontrib/20050220/news_1b20kinsman.html>
Knight, Dana. “Corporate Smokeout, As City Considers Ban, Employers Talk Tough”. Health & Fitness. 20
Feb 2005. Indystar.com. Google. 24 Feb 2005. <http://www.indystar.com/articles/7/223533-3217-052.html>
Leonard, Arthur S. “Porno Cop’s Firing Upheld. Without Reviewing Briefs, Hearing Arguments, Supreme
Court Upholds San Diego Cop’s Dismissal”. Gay City News, Legal. 16-22 Dec 2004: Volume 3, Issue 351.
Google. 9 March 2005. <http://gaycitynews.com/gcn_351/pornocopsfiringupheald.html>
“Lifestyle Discrimination In The Workplace”. The National Workrights Institute. Post date unknown. Google.
9 March 2005. <http://www.workrights.org/issue_lifestyle/ld_legislative_brief.html>
Lype, Bob E. “Employee Misconduct and Workplace Torts”. Recent Developments in Employment Law,
seminar. 8 May 2003. Sterling Education Services. www.lypelaw.com. Google. 28 Feb 2005.
<http://www.lypelaw.com/employeemisconductarticle.jsp>
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Off-Duty – On Guard
“Minonk Coalmine”. Minonk Talk, History, A Look At Minonk’s Past. Post date unknown. Google. 1 March
2005.
<http://www.minonktalk.com/coalmine.htm>
Molenaar, Dennis. “Public Entity Liability For Retention Of Dangerous Employees”. Employment Practices
Liability: Issues and Strategies. Post date unknown. Public Entity Risk Institute Symposium. Google. 8
March 2005. <http://www.riskinstitute.org/symposiumdocs/NegligentRetention-PERISymposiumPaper.pdf>
“Monitoring Employees’ Off-Duty Conduct”. Ensuring Privacy In The Workplace. Copyright 2005. Nolo.
Google. 13 March 2005. <http://www.nolo.com/article.cfm/ObjectID/A1AD02D6-A2F7-4308BDDEA982C652D708/catID/30960BF5-6C25-44B9-992E83CC50D5B17A/111/259/137/ART/>
“Off Duty Conduct”. Business Owner’s Toolkit, Total Know-how for small business. Copyright 1995-2005.
CCH Tax and Accounting-A WoltersKluwer Company. Google. 24 Feb 2005.
<http://www.toolkit.cch.com/text/P05_5650.asp>
Otto, Ingrid. “Employees Off-Duty Activities”. Privacy Issues In The Workplace. 16 May 2000. Davis &
Company, Legal Advisors. Google. 27 Feb 2005. <http://www.davis.ca/publications/200008_privacy_issues_in_
the_workplace_employees_off-duty_activities.pdf>
Porter, Kathleen M., Wilson, David, and Scheib, Jacqueline. “Work Station or Purgatory? Steps toward a
company policy on e-mail and using the Net”. Business Law Today. July/August 2002: Volume 11, Number
6. American Bar Association. Google. 9 March 2005. <http://www.abanet.org/buslaw/blt/2002-0708/porterwilson.html>
“Privacy In Cyberspace, Module III Privacy In The Workplace”. Berkman Online Lectures & Discussions.
Post date unknown. Harvard Law School. Google. 1 March 2005.
<http://cyber.law.harvard.edu/privacy/Module3_Intronew.html>
“Related Tobacco-Free Information”. Weyco News Release. 27 Jan 2005. Weyco, Inc. Google. 11 March
2005. <http://www.weyco.com/web/company/news/012720050001.jsp>
Ross, Malcolm. “Malcolm Ross v. Canada”. Communication No. 736/1997. 2000: U.N. Doc.
CCPR/C/70/D/736/1997. University Of Minnesota Human Rights Library. Google. 19 March 2005.
<http://www1.umn.edu/humanrts/undocs/736-1997.html>
“Rules Of Conduct For Teachers 1915”. Portage County Historical Society. Post date unknown. Malcolm
Rosholt Online Archives. Google. 1 March 2005.
<http://www.pchswi.org/archives/schools/teacher_conduct_1915.html>
Ryan, Kimberlie K. “Workers' Privacy Rights vs. Employer Smoking Bans”. The Ryan Law Firm, LLC. Post
date unknown. The National Employment Lawyers Association. Google. 16 March 2005.
<http://www.nela.org/other/smokingban>
Sappenfield, Mark. “Smoke-Free Zones Gain New Territory”. The Christian Science Monitor. 8 Feb 2005.
Google. 17 March 2005. <http://www.csmonitor.com/2005/0208/p01s04-ussc.html>
Savage, Janet A. “Employee Privacy In The Workplace”. Davis Graham & Stubbs LLP. Post date unknown.
Google. 9 March 2005. <http://www.dgslaw.com/articles/336613.html>
Schwartz, Shelly K. “Hiring Screens Take Hold, Pre-Employment Background Checks Have Become Critical
In Corporate America”. EmploymentScreens.net. 6 June 1999. Google. 8 March 2005.
<http://www.employmentscreens.net/articlecnn.html>
12
Off-Duty – On Guard
“State Smoker Protection Laws”. State Legislated Actions On Tobacco Issues. Copyright 2002. American
Lung Association. Google. 13 March 2005. <http://slati.lungusa.org/appendixf.asp>
Storrow, Louis A. “California Law Protects Employee Lifestyles”. HRLawyer.com: California Employment
Law Information. Post date unknown. Google. 8 March 2005. <http://www.hrlawyer.com/lifestyle.htm>
Sugarman, Stephen D. “‘Lifestyle’ Discrimination In Employment”. Earl Warren Legal Institute. 2002.
University of California, Berkeley. Google. 10 March 2005.
<http://repositories.cdlib.org/cgi/viewcontent.cgi?article=1000&context=ewli>
Sullivan, Mike and Nash, Denise. “Labor Code Section 96(k): A Necessary Protection for Employees or a
Legislative Blunder?”. Paul Plevin & Sullivan, San Diego. Post date unknown. Continuing Education Of The
Bar, California, Case ‘N Point, Employment Law 1. Google. 27 Feb 2005.
<http://www.ceb.com/newsletterv1/employment_law.htm>
“Title VII of the Civil Rights Act of 1964 (Title VII)”. National Federation Of Independent Business.
Copyright 2001-2005. Google. 9 March 2005. <http://www.nfib.com/object/1604806.html>
Wessel, Harry. “Off-Duty Antics Can Bring You On-The-Job Consequences”. Knight Ridder Tribune
Business News. 23 June 2005. HeraldToday.com. Google. 24 Feb 2005.
<http://www.bradenton.com/mld/bradenton/business/8988293.htm>
“Why Is Health Insurance Coverage for Tobacco Use Treatments So Important? Coverage For Tobacco Use
Cessation Treatments”. National Center For Chronic Disease Prevention and Health Promotion. 4 Feb 2005.
Department Of Health And Human Services Centers For Disease Control And Prevention. Google. 13 March
2005. <http://www.cdc.gov/tobacco/educational_
materials/cessation/>
Willing, Linda. “In The News, Regulating Off Duty Conduct”. Real World Training and Consulting, Practical
Support For The Changing World At Work. August/September 2003: Issue Number 50. RWTraining.com.
Google. 24 Feb 2005. <http://www.rwtraining.com/Issue50.html>
Winner, Jim. “Beds With Sheets But No Covers: The Right to Privacy and the Military's Regulation of
Adultery”. Loyola Law School, Los Angeles. Post date unknown. Google. 19 March 2005.
<http://faculty.lls.edu/~manheimk/ns/winner2.htm>
Yaeger, Thomas L., Arbitrator. “In The Matter Of The Arbitration
Of A Dispute Between Shawano-Gresham Education Association And Shawano-Gresham School District”.
Before The Arbitrator. 18-19 April 1996: Case 19, Number 53417, MA-9349. WisBar.com. Google. 19
March 2005. <http://www.wisbar.org/res/wercg/1997/5541.htm>
Zhang, Yu. “Company Employee Privacy Strategy”. Helsinki University Of Technology, Department Of
Computer Science, Telecommunications Software and Multimedia Laboratory. 2001. Google. 7 March 2005.
<http://www.tml.hut.fi/Studies/T-110.501/2001/papers/yu.zhang.pdf>
13
Off-Duty – On Guard
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