Frank C. Morris, Jr., a Member of the Firm in the Litigation and Employee Benefits practices, was quoted on the significance of City of Ontario v. Quon, a case set to be heard by the U.S. Supreme Court on April 19.
The article, "Quon Shows Work Policies, Practices Must Line Up," stated that the case pits an employer's right to monitor workers against an employee's right to privacy.
The case challenges a federal appeals court's finding that former Ontario police officer and SWAT sergeant Jeff Quon had a reasonable expectation of privacy when he sent and received personal text massages on a department-issued pager. The court examined not only the privacy policy in question but its implementation, an analysis that went beyond those of previous courts considering such issues.
Morris said an endorsement by the Supreme Court of the appeals court's stance would have significant adverse implications for employers, and it would signal a major shift in the approach to workplace privacy claims that every sensible employer in the private sector would have to note.
He added that worker misuse of electronic communications poses grave risks for businesses, and it could be devastating to employers if the Supreme Court doesn't take those potential risks into account when it rules in the Quoncase.
Morris heads the Labor and Employment Practice in the Washington, DC office and is the Chair of the Firm's Disability Law Group.
