This is your Member Reference Number (MRN). You’ll need to provide this when you make an appointment with an EAP counselor or contact your EAP by phone.

Anthem provides automatic translation into multiple languages, courtesy of Google Translate. This tool is provided for your convenience only. The English language version is considered the most accurate, and in the event of a discrepancy between the translations, the English version will prevail. This translation tool is not controlled by Anthem, and the Anthem Privacy Statement will not apply. Please read Google's privacy statement. If you want Google to translate the Anthem website, select a language.

Benefits with The Local Choice

Your EAP offers these great resources.

Can our employer search our bags as we leave work?

Question:

I work for a big electronics store. In response to a significant increase in thefts, the store owner has announced that the security guards will begin searching employee bags and purses when we leave at the end of our shifts. Can they do this? Don't I have a right to privacy?

Answer:

There is a right to protection from unreasonable search and seizure. It's found in the Fourth Amendment to the Constitution. However, it protects us only from action by the government (generally, the police), not by private employers. The right to privacy is similar: It prohibits state and federal laws that intrude too deeply into personal areas and decisions. However, it doesn't limit what private employers can do.

A small number of states have taken a different approach, explicitly extending a right to privacy against the actions of private parties, including private employers. Even in states that haven't expanded the right to privacy in this way, court cases may protect employee privacy in some situations.

Courts looking at questions of employee privacy generally consider several things, including:

  • How strong is the employee's expectation of privacy?
  • How strong is the employer's reason for searching?
  • How intrusive is the search, given the basis for conducting it?

Based on the facts you've described, your employer has a good chance of winning this argument. Although you may want to keep the content of your purse or bag private, you don't have much of an expectation of privacy once your employer announces that it will start searching. The longer the lead time your employer provides, and the clearer the policy, the stronger your employer's case here.

It also sounds like your employer has a good reason for searching, given the theft problem.

The relative intrusion of the search depends, in part, on what the employer is looking for. For example, an employer searching for stolen TV sets would have a tough time justifying a search of small bags. However, if your employer is looking for smaller items that could comfortably fit in a purse or backpack, the search seems more reasonable.

If you have specific concerns about items you keep in your purse or bag, you might want to have a quick discussion with a lawyer. For example, if you take prescription medicine for a condition that you don't want your employer to know about, it might be worth consulting with a lawyer to find out what your state has to say about workplace searches and employee privacy.

More about this Topics

  • Whiplash Injuries: The Basics

  • Product Liability Claims Involving Defective Cars

  • Negotiating With an Insurance Company

  • Comparing Mortgages: Points, Interest Rates, and Fees

  • Fences and Neighbors FAQ

Other Topics

    • Consumer Tips on Funerals
    • Small Claims Court: Part 1
    • Warranties
    • Travel: Consumer Tips
    • Small Claims Court: Part 2
    • Traffic Accidents FAQ
    • Tobacco Litigation: History & Recent Developments
    • Does my employer have to allow me to swap shifts so I can observe my Sabbath?
    • How to Diversify Your Investments An Easy Rule of Thumb
    • Medicare Managed Care Plans: An Alternative to Medigap Insurance