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Is it legal for an employer to frisk employees in search of cell phones on the person?

Huntington, IN |

I am a certified nurses assistant. Today at work our employer took 8 of us cna's into a room and one after the other we were frisked to see if we carried our cell phones on us. We are not supposed to have the on us, and I would have been happy to emptied my pockets to show them, but they had me pull my bra out so if I had my phone hid there it would fall, all of us were asked to do that and frisked from top to bottom by a nurse with boss present. No nurses, office, matience, housekeeping, kitchen were checked, just the cna's. No warning of this kind of search ever posted possible to happen. I was just curious is this legal to do this?

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Attorney answers 1


Unless it was done specifically to harass or if all the the CNAs are of a particular race, gender, color, national origin, religion that the boss or whoever ordered the frisking or if the person doing the frisking was a male and the CNAs all female and this was done in a sexual way, then I don't think your boss is breaking any laws especially if the cell phone ban is related to safety and there was reason to suspect some of the CNAs of violating the rule.

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