Checklist: Video Surveillance

Video surveillance is a sensitive issue in many workplaces. As the previous sections indicate, employees may challenge video surveillance on a wide variety of grounds, some of them based on federal or state laws, some of them based on court decisions. Because the law in this area can vary considerably from state to state, the most important step an employer can take to avoid challenges to video surveillance is to consult a knowledgeable attorney before undertaking such surveillance.

• Use video surveillance only when justified by a legitimate business purpose; e.g., preventing theft or workplace violence, investigating illegal or improper conduct, monitoring employee performance.
• Limit video surveillance to the least intrusive time, place, and method that will serve the business purpose.
• Use only visible cameras, or inform employees in writing that hidden cameras may be used.
• Obtain written employee consent to video surveillance for legitimate business purposes.
• Do not use video surveillance in areas where employees have a reasonable expectation of privacy; e.g., restrooms, locker rooms, dressing rooms, lounges, employees' homes or other places outside the workplace where employees are not in public view.
• Do not use video surveillance devices that capture or record sound without complying with federal and state wiretap laws.
• If the workplace is unionized, comply with any provisions in the collective bargaining agreement concerning video surveillance; if there are no such provisions, negotiate with the union before implementing video surveillance.
• Do not use video surveillance in connection with union activities (or other "concerted activity" by employees concerning terms or conditions of employment).
• Do not select employees for video surveillance in a manner that might be considered discriminatory under federal or state discrimination laws; e.g., do not videotape only women or only Muslims or only people with disabilities.
• Do not select employees for video surveillance in retaliation for exercising rights under any law.
• Determine whether the company is subject to a state or local law dealing with video surveillance and comply with that law.
• Train supervisors in the legal issues involved in video surveillance.
• Treat information obtained through video surveillance as confidential, and limit access to video recordings to security personnel or management personnel with a "need to know."
• Adopt procedural safeguards to avoid unintended or improper use of work-related video recordings.