Chief’s Counsel: When Does an Employer’s Search of Employee Work Areas Violate Privacy Rights?

Government employers are sometimes faced with conducting searches of their employee’s work areas. When doing so, they must understand the level of privacy public employees legitimately expect in those areas. Can employers search an employee’s office, desk, locker, or assigned vehicle? When is it reasonable, if ever, to search an employee’s purse or briefcase? In answering these questions, courts have established that an employer must first determine if the employee has a reasonable expectation of privacy in the property searched and then determine if the search’s purpose outweighs any of the employee’s Fourth Amendment privacy interests.