Privacy & Technology

Off-duty Conduct

Outten & Golden attorneys can help employees keep their private lives separate from their employment. In certain circumstances, an employee’s off-duty conduct may be protected against adverse action by an employer. For example, federal and state laws limit the circumstances under which an applicant or employee’s criminal conviction status may be considered in making employment decisions. Some states also have off-duty conduct laws that protect an employee’s lawful off-duty activities, like smoking. Similarly, certain laws prohibit adverse employment decisions against individuals based on their credit histories. Where off-duty conduct involves speech about the terms or conditions of employment, the National Labor Relations Act may protect an employee against adverse employment actions or employer efforts to discourage such speech.