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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Focus on transgender discrimination as EEOC brings first cases
- Document business realities, performance criteria that led to job-cutting decisions
- Busted settlement can't revive bias suit
- Didn't know employee wanted training? Be sure to extend invitation next time