60.         Determining whether employers should have access to personal information about
employees requires that the interests of businesses in ensuring productivity and stability
be weighed against concerns about equity¹ and privacy interests. On balance, my view is
that employers should not have the right to obtain personal information about current
employees without their consent.
      A business' interest in maintaining a stable, productive workforce² clearly justifies³
right of access to certain personal information about prospective⁴ employees. Job
applicants⁵ can easily conceal⁶ personal information that might adversely⁷ affect job
performance, thereby⁸ damaging the employer in terms of low productivity and high
turnover⁹. During employment, however, the employee's interests are far more
compelling than those of the employer, for three reasons.
      First, the employer has every opportunity to monitor ongoing¹⁰ job performance and
to replace workers who fail to meet standards, regardless of the reason for that failure.
Second, allowing free access to personal information about employees might open the
floodgates to discriminatory promotions¹¹ and salary adjustments. Current federal laws--
which protect employees from unfair treatment based on gender¹², race, and marital¹³ status,
may not adequately guard against an employer's searching for an excuse to treat certain
employees unfairly. Third, access to personal information without consent raises serious
privacy concerns, especially where multiple individuals have access to the information.
Heightening this concern is the ease of access to information which our burgeoning¹⁴
electronic intranets make possible.
      In sum, ready access to certain personal information about prospective employees
is necessary to protect businesses; however, once hired, an employee's interest in
equitable¹⁵ treatment and privacy far outweighs¹⁶ the employer's interest in ensuring a
productive and stable workforce.

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