Secondly, employers are obligated to control some information when their employees are accursed of unlawful conduct. Since employers are responsible for wrongdoing at the workplace, they must investigate charges of, for example, drug activity, possession of firearms, or harassment. But again, without assurances of anonymity, accusers may be less forthright. Furthermore, they may be in jeopardy of retaliation by the accused. So while workers under investigation may be generally informed about complaints or reports, they should not know who filed them. Even so, employers do not enjoy an unlimited right to gather and keep confidential information about employees. For example, it would be unjust to investigate an employees political viewpoints, religious preference, or sexual orientation. Such invasions of privacy are not warranted by an employers right to performance-related information, or duty to protect the workplace from criminal wrongdoing.
In conclusion, limiting employee access to personnel files is sometimes warranted to encourage candor and prevent retaliation against information sources. At the same time, employers have no right to solicit or secure information about the private lives of their workers.
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