September 2010

Practical Guidance After Quon on Employee Privacy in the Digital Age

By Fernando M. Pinguelo and Keya C. Denner

In City of Ontario v. Quon, the U.S. Supreme Court held that a government employer’s search of an employee’s communications on an employer-issued pager was reasonable under the circumstances and, therefore, did not violate the Fourth Amendment of the Constitution. The Court’s narrowly tailored decision underscores that cases in the area of employee privacy will continue to be highly fact-sensitive.

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