Modern technology has given employers a variety of means to monitor employees' reliability and work performance. Congress and state legislatures are considering and enacting legislation regulating an employer's use of phone, computer, or video and other electronic monitoring because of its invasive and overreaching potential. There is also increasing litigation regarding employer searches of areas such as desks, lockers, offices, briefcases, and other things that an employee might reasonably believe are private. In such cases, the courts weigh the employer's need to do the search against the intrusiveness on the employee's reasonable expectation of privacy.

As a business owner, how would you rectify your need to protect the interests of your organization with an employee's reasonable expectation of privacy? What actions might you take to protect your organization from potential liability arising from issues of employee privacy? Please explain in detail the basis for your positions.