Cameras and Video Surveillance in the Workplace
Posted in Employee Rights
Surveillance videos are steadily becoming a workplace staple, as more and more companies are having them installed. The goal is generally to prevent theft, and/or keep tabs on what employees actually do during office hours.
The question is, does being filmed while at work violate your right to privacy?
Retail store or mall employees generally don't have problems with this because they need video surveillance to protect the establishment against theft. But what about employers that use hidden cameras to try to catch thieving employers? What about video surveillance of employees while they're working or cameras in the bathrooms or locker rooms?
State Laws on Workplace Privacy
The legality of firing an employee at work depends on state laws and on what images are captured.
Most of us value our privacy. And legislators consider that when they create laws.
Most states have passed some privacy-related laws, many of which are meant to protect consumers by, for example, restricting the ways companies can use personal information, or entailing companies to maintain the confidentiality of Social Security numbers or medical information.
Some states have also passed laws that deal with workplace privacy, including the use of surveillance cameras and/or videos.
For instance, it's against the law in California to install a surveillance mirror in a restroom, shower, fitting room, or locker room. In Connecticut, it's a against the law to use surveillance videos or cameras in designated rest or comfort areas for employees, such as restrooms, locker rooms, or employee lounges.
Privacy for certain employee activities
If your state doesn't have laws that protect your workplace privacy, you still can't be filmed doing certain things such as using the restrooms or changing clothes.
In the absence of a state law that prohibits surveillance, courts will decide on whether an employee's privacy has been violated by looking at two conflicting interests: the company's need to use surveillance and the employee's reasonable expectation of privacy.
An employee using the bathroom or changing clothes is a very reasonable expectation of privacy. Not many companies will have a need to film employees doing personal activities to override the employee's interest. There are other activities that may be of-limits to employer surveillances, such as secretly filming union meetings.
Source: nolo.com
