Many of the questions in this article are based on State or Federal laws, or on judicial decisions. Therefore, the facts on which the answers are based are subject to change within individual States, or in general. An attorney should always be asked to review policies and practices concerning employee rights.

Some common questions about employee rights that most employers are likely to experience over time include the following:

1. Must an employee be allowed to see his/her employment file?

Many states have laws requiring employers to let the employee review the file at a reasonable time and place. Laws vary as far as the employee's right to copy documents. "Secret" files are unadvisable and may carry legal pitfalls. Consult an attorney if files contain sensitive information that you are reluctant to share with employees.

2. Can an employer require employees to take drug tests?

Under conditions that vary from state to state, employers can require drug tests for specific occupations. In general, the right to give random tests is limited. An attorney should always review a drug testing policy before it is implemented by your company. For all you need to know about drug testing, click here.

3. What types of employee surveillance are an employer allowed to conduct?

In many states, an employer is free to plant cameras and microphones in work areas. Some states prohibit employers from intercepting personal mail, monitoring electronic mail, or setting up a hidden camera or microphone in a non-work area. The federal Omnimbus Crime Control and Safe Streets Act of 1968 has allowed employers to tap into phone conversations in the workplace by listening in on an extension (courts have ruled that employees must be notified of this policy). Because of the sensitive civil rights nature of personal surveillance, an attorney should always review policy before it is implemented.

4. Can an employer set a dress code or require employees to wear uniforms?

Yes, if rules do not discriminate (i.e., set different standards for men and women) and do not significantly burden an individual employee. A dress code must be reasonable and job-related. And can I deduct uniform charges from the employee's paycheck if they agree?

5. Can an employer dock an employee's pay for disciplinary reasons?

Most states prohibit employers from withholding a person's salary for disciplinary reasons.

6. How many possible areas of discrimination are there?

Areas of discrimination include:

• sex (policy)
• age (40 or older)
• gender
• religious beliefs
• national origin
• skin color
• physical handicap
• race
• sexual orientation
• marital status

7. What evidence does an employee need to prove discrimination?

There are two kinds of evidence:

1. Direct -- actual comments or actions which are clearly discriminatory.
2. Circumstantial -- a series of events or circumstances that logically lead to a conclusion of discrimination.

8. Can an employee demand a smoke-free workplace?

Employers have a duty to provide a reasonably safe workplace, and second-hand smoke has been designated unsafe by the Environmental Protection Agency (pending a challenge by the major cigarette manufacturers).

9. Can employers prohibit personal relationships (dating, etc.)?

Yes, but employees must be informed about the anti-dating policy and possible violations before they can be disciplined. The policy should be reviewed by an attorney before being implemented.