12.5.3 Intrusion Upon Seclusion.

• Jurisdiction: Arizona

12.5.3 Intrusion Upon Seclusion. Arizona law recognizes the tort of intrusion upon seclusion as follows:

One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.⁷⁶

Allegations of invasion of privacy arise in the employment context when an employer requires that its employees submit to drug screening.⁷⁷ Arizona law allows employers to terminate employees who use drugs either on the job or off the job.⁷⁸ An intrusion upon seclusion claim may arise only if the employer confers an expectation of a certain level of privacy or protection and engages in extreme and outrageous conduct in implementing its substance abuse policy.⁷⁹

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