Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, December 25, 1994                   TAG: 9412290015
SECTION: BUSINESS                    PAGE: F2   EDITION: HOLIDAY 
SOURCE: CAMILLE WRIGHT MILLER
DATELINE:                                 LENGTH: Medium

IF IT'S IN YOUR DESK, IT'S OPEN FOR ALL TO SEE - BY LAW - IN VIRGINIA

A: Virginia, according to attorney Doug Henson, has the legal concept of ``no invasion of privacy in the private sector.'' Henson explains that, as such, ``you don't have a privacy right in your place of employment. It's not considered an invasion of privacy for someone to look on or in your desk for material.''

Henson, with the Center for Employment Law, does note a difference for federal workers who ``have more of a privacy right.'' Workers for private companies don't enjoy similar privilege; in the private sector, the rights do not usually belong to employees.

This means that material left unsecured, in or on your desk, may be accessed by others. Whether file-browsing is done by a supervisor with a need to know or a curious co-worker, consider your files common property.

If files are ``under key,'' you may have more rights, but you shouldn't assume total privacy rights. Henson says that it's still probably fair game.''

For material you want to protect, consider installing a private lockbox in your desk or storing files in your briefcase, taking them home each evening. Henson finds that securing material in a briefcase can make the files ``part of your person'' and increase privacy rights.

Because your files are being scrutinized, make no notes you don't want read by others. For sensitive materials, try keeping a file box in the trunk of your car. Materials are then out of the office but accessible should you need them.

Q: I'm a male manager in a workplace where a pat on the back is a display of reward and support. I'm not comfortable doing this with women; I fear misunderstanding. Yet, not treating people of both sexes in the same way could be discriminatory.

A: It's unlikely that touching a woman on the shoulder will result in charges of sexual harassment; however, you're right to wonder if physical gestures could be misconstrued or considered inappropriate.

If there is a very strong corporate culture which includes physical ``pats on the back'' and you believe women feel denied, confine the pats to very brief touches on the shoulder joint. Offer the gesture only when accompanied by praise for specific accomplishments.

Talk with your female peers and ask for their input. Earlier studies found that while touching can be associated with intimacy, it is also related to status. Spend a few days observing the dynamics in your office. Studies suggest that those with status touch more frequently or exclusively; those without, don't. And, employees without status often feel powerless to voice their preferences. Your female peers may be able to speak to this.

The best rule is still ``no touching in the workplace.'' This helps eliminate suggestions of sexual harassment and helps create an environment appreciated by all employees.

Q: I'm seated at the head table with our association's guest speaker and have been assigned to entertain the speaker during dinner. I don't enjoy small talk, but hate the long silences that come with formal dinners.

A: Successful dinners are those where every guest acts as host and takes responsibility for making others feel welcome and included in conversations.

Susan RoAne, author of ``How to Work a Room: A Guide to Successfully Managing the Mingling'' (1988, Shapolsky Publishers), asks that you have the ``courage to converse.'' Good conversation is more than small talk - it's a genuine interest in others.

RoAne suggests you read at least one newspaper each day. Then, once you've learned about the speaker, you can feel comfortable relating a story from the ``I was surprised to learn ...'' category. In reading or scanning the news, as well as features, business and sports sections, you should find several stories which relate to the speaker's topic and interests.

How did this person become interested in the topic? Tell the speaker about the interest his or her presentation has generated. Ask who has been most influential on the speaker's delivery style.

For the best conversation, stay relaxed and show true interest in the speaker's responses. Ability to be a host is a valuable skill; however, if you truly don't feel up to the task, request that someone be named to take your place.