Employers should not have the right to regulate off-duty or off-premise behavior. It should be so because there is usually little to no connection between what the employee does while they are away from work and their working environment. Often, organizations will have in place rules and regulations that govern employee behavior while they are at work. Employees will need to abide by these rules to ensure the keep their place in the corporate world. It means that their conduct in the working environment is often controlled to a large extent. Such control should not go beyond the workplace environment to the workers off-duty or off-premise time ( Ford & Ludlum, 2016) . They need to have the liberty to behave as they please without the fear that their behavior will be connected to their work. It is why some states have passed laws that prohibit employees from basing their hiring behavior on employee conduct while away from work.
One such law requires that employers desist from discrimination founded on employee off-duty smoking behavior. It means that organizations will not have the right to discriminate its employees based on their smoking behaviors while away from work. Employers are also prohibited from discriminating employees on any use of legal substances while they are away from work and any legal off-duty or off-premise behavior. Nonetheless, the courts should maintain the allowance for employers regulating behavior that is directly connected to the employee’s duties in the workplace and that which adversely threatens the business and the position of other employees in the business ( Muller, 2009) . it will help deter employees from risking the business or other employees and the employer from being in entire control of employee behavior while they are away from work. Overall, employees should be accorded autonomy and privacy while away from work.
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References
Ford, D. G., & Ludlum, M. (2016). Employee privacy outside the workplace. Southern Law Journal , 26 (2), 321.
Muller, M. (2009). The manager's guide to HR: Hiring, firing, performance evaluations, documentation, benefits, and everything else you need to know . New York: AMACOM.
