Public employees don’t lose all privacy rights just because they work for the government. But that privacy is subject to limitations.
Recent case: Teacher Ari Marken was accused of sexually harassing a student. The student’s mother complained and an investigation followed.
The investigator concluded that Marken violated district sexual harassment rules, based on his own statements, finding that some of the allegations “more likely than not did occur.” Marken was reprimanded.
Another parent later sued, seeking disclosure of the investigation file. Marken sought to keep it confidential. His request was denied based on the public’s right to know, which outweighed his privacy rights. (Marken v. Santa Monica-Malibu Unified School District, Court of Appeal of California, 2nd Appellate District, 2012)
- When discrimination charges are possible, investigate thoroughly before firing
- The one-person HR office: Solutions to 4 key problems
- After Supreme Court decision, what you must do to prevent retaliation
- Don't blacklist worker who quits after complaining
- Do you discipline for age-Related remarks? You should