Since the decision of the California Court of Appeals in Barbee v. Household Automotive Finance Corp. What has been largely absent from this discussion is whether anti-fraternization policies that apply to co-workers who are not in supervisor-subordinate positions also are enforceable.
Some commentators have suggested that anti-fraternization relating to co-workers should merely require a reporting obligation and not prohibit such relationships. That reporting policy, however, likely runs afoul of California privacy laws. The constitutional right to privacy is well-established and is found in both the United States and California Constitutions.
See, e. National Collegiate Athletic Assoc. Texas, U. Under California law, the right to privacy applies against private actors, not just governmental entities. Hill, 7 Cal. Pool, Cal. San Francisco Unified Sch. A cause of action for invasion of privacy has three elements: 1 a legally protected privacy interest; 2 a reasonable expectation of privacy in the circumstance; and 3 conduct by defendant constituting a serious invasion of privacy. In the context of an obligation to report a sexual or romantic relationship to an employer, both informational and autonomy privacy rights are implicated —i.
Lawrence, U. In Lawrence, U. The California Supreme Court has construed the California Constitution to provide broader protection in employment litigation than the privacy rights guaranteed by the U. American Academy of Pediatrics v. Lungren, 16 Cal. Other California Courts of Appeal have similarly recognized the constitutional privacy right to pursuing intimate or sexual relationships and to keeping such relationships private from others.
See Vinson v. Superior Court, 43 Cal. Superior Court, 65 Cal. Superior Court, 42 Cal. Because of the unique issues presented by those relationships, courts have held that employees who engaged in relationships with their supervisors or subordinates have a reduced expectation of privacy. In Barbee, Robert Barbee was the national sales manager for the company. He dated a member of his sales staff, Melanie Tomita. The company had a policy against inter-office relationships, but the policy applied only to relationships between supervisors and subordinates.
