Chapter 14 - § 14.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 14.1 • INTRODUCTION

The law regarding workplace privacy is among the most unsettled in employment law. For example, the constitutional right to privacy in personal information has not been firmly established by the U.S. Supreme Court. While many courts, including the Tenth Circuit, accept that such a right exists, the contours of that right are not well established. Given the uncertainty of U.S. Supreme Court precedent, Tenth Circuit precedent may not permanently reflect the law in this area. With respect to common law privacy rights, the Colorado courts have recognized three of the four generally recognized privacy claims, but have done little to define their scope. Even in the discovery context — where privacy issues are most frequently...