The loss of employee privacy rights in the workplace is a growing concern
among employees, attorneys, and civil libertarian groups. Although employers in
banks, telecommunications, securities exchange, in hi-tech industries, and in
other workplaces justify using video surveillance in the workplace to monitor
employee behavior to chiefly promote safety, improve productivity, and stop
theft, protecting employee privacy must be a top concern. For if the courts find
that the employer surveillance methods are less than fair, that firm may find
itself knee-deep in lawsuits that could have been prevented.
Employers install hidden surveillance cameras for many good reasons
(preventing theft, promoting productivity or protecting employees) that in some
cases will intrude upon employee privacy. Legal observers and human resource
specialists who study workplace privacy believe that employee privacy intrusions
are more common than previously observed, and that they will increase every
year.
According to a 2005 survey conducted by the American Management Association,
more than half of the companies surveyed use video monitoring to prevent theft,
violence and sabotage (51% in 2005 vs. 33% in 2001). In addition, the number of
companies that use video surveillance to track employees performance has also
increased, with 10% now videotaping selected job functions and 6% videotaping
all employees. Among firms that use video surveillance, 85% notify employees.
As more and more employee groups become aware of how they are being watched,
the more likely they will take their employers to court.
These are the four main types of court-upheld privacy violations that could
occur in stores, factories and offices and the first type is directly related to
video surveillance.
- Intrusion upon seclusion which includes invading worker privacy in bathrooms
and changing rooms
- Publication of private employee matters
- Disclosure of medical records
- Appropriation of an employee likeness for commercial purposes
In addition, video surveillance must be limited to visual images and cannot
include audio in order to comply with federal and state statutes.
Employers need to be proactive and aware of these four privacy violations so
that their employees�individual rights are respected and protected.
How to achieve balance between monitoring and intruding upon employees
First, the employers need to clarify what privacy rights employees are
guaranteed and what constitutes an invasion of privacy. Then, employees must be
notified in writing that surveillance will be conducted and they should also
sign a waiver verifying that they know they may be monitored.
Management must define what is acceptable supervision versus "snoopervision"
and that includes not videotaping showers, restrooms, changing rooms, smoking
areas, and employee lounges. These are places specifically for employees'
personal comfort, health or for safeguarding their possessions. However,
employers must also be sensitive against using video surveillance in other areas
where employees might takes breaks.
Employers must be fully aware of the privacy risks associated with
videotaping employees so that the likelihood of litigation is reduced. Companies
should also nurture a workplace environment where employees can voice privacy or
security concerns in confidence with management without feeling that their
conversations are being monitored. In short, if employers choose to use video
surveillance in the workplace, they must adhere to written privacy guidelines
that will keep employees secure and that will also respect their privacy.
About the Author
Alice Osborn is a successful freelance writer and
contributor to Vdocapture.com. Your definitive guide to video
surveillance equipment, CCTV cameras and wireless security systems for home and
business.
