[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5228 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5228
To protect employees from invasion of privacy by employers by
prohibiting video and audio monitoring of employees when in an area
where it is reasonable to expect employees to change clothing.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2008
Mr. Andrews (for himself and Mr. Petri) introduced the following bill;
which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To protect employees from invasion of privacy by employers by
prohibiting video and audio monitoring of employees when in an area
where it is reasonable to expect employees to change clothing.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Changing Room Privacy
Act''.
SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN
CERTAIN EMPLOYMENT LOCATIONS.
(a) In General.--An employer may not engage in video monitoring or
audio monitoring of an employee of the employer when the employee is in
a restroom facility, dressing room, or any other area in which it is
reasonable to expect employees of the employer to change clothing.
(b) Use of Monitoring Results.--An employer may not use the results
of video or audio monitoring conducted in violation of this Act for any
purpose, including any employee discipline. An employer shall
immediately destroy all copies of any recording determined to have been
made in violation of this Act.
(c) Non-Retaliation.--An employer may not discharge, discipline, or
discriminate in any manner against an employee because the employee
has--
(1) filed any complaint or instituted or caused to be
instituted any proceeding under this Act; or
(2) testified or is about to testify in any proceeding
under this Act.
(d) Limitation.--Nothing in this Act shall prohibit any video
monitoring or audio monitoring conducted by a law enforcement agency as
part of a criminal investigation and pursuant to a validly issued
warrant.
SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR.
(a) In General.--Any employer who violates section 2 shall be
liable to the United States for a civil money penalty in an amount not
to exceed $18,000 for each violation.
(b) Written Notice and Opportunity for Hearing.--The Secretary of
Labor shall assess a civil money penalty under subsection (a) by an
order made on the record after opportunity for a hearing provided in
accordance with section 554 of title 5, United States Code. In
connection with the hearing, the Secretary may issue subpoenas
requiring the attendance and testimony of witnesses and the production
of evidence that relates to the subject matter of the hearing.
(c) Determination of Amount of Civil Money Penalty.--In determining
the amount of a civil money penalty under subsection (a), the Secretary
shall take into account--
(1) the nature, circumstances, extent, and gravity of the
violation or violations; and
(2) with respect to the violator, the ability to pay,
effect on ability to continue to do business, any history of
prior violations, the degree of culpability, and such other
matters as justice may require.
(d) Modification of Civil Money Penalty.--The Secretary may
compromise, modify, or remit, with or without conditions, any civil
money penalty assessed under subsection (a). The amount of such
penalty, when finally determined, or the amount agreed upon in
compromise, may be deducted from any sums owing by the United States to
the employer.
(e) Judicial Review.--An employer who requested, in accordance with
section 554 of title 5, United States Code, a hearing respecting the
assessment of a civil money penalty under this subsection, and who is
aggrieved by the order assessing the penalty may file a petition for
judicial review of the order with the United States Court of Appeals
for the District of Columbia Circuit or for any other circuit in which
the employer resides or transacts business. Such a petition may only be
filed within the 120-day period beginning on the date the order was
issued.
(f) Failure To Pay.--The Secretary of Labor may recover, in an
action brought in any appropriate district court of the United States,
the amount of a civil money penalty assessed under this subsection
against an employer who fails to pay the penalty--
(1) after the order making the assessment becomes final,
and if such employer does not file a petition for judicial
review of the order in accordance with subsection (e); or
(2) after a court in an action brought under subsection (e)
has entered a final judgment in favor of the Secretary.
(g) No Review of Penalty.--In an action brought under subsection
(f), the validity, amount, and appropriateness of the civil money
penalty shall not be subject to review.
(h) Injunctive Relief.--The Secretary may commence, in any court of
competent jurisdiction, a civil action for the purpose of obtaining
temporary or permanent injunctive relief with respect to preventing a
violation of section 2.
SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE.
(a) In General.--An employee who is aggrieved as a result of a
violation of section 2 by the employer of such employee may commence,
in any court of competent jurisdiction, a civil action against the
employer to obtain appropriate relief, including--
(1) an injunction to enjoin the employer from further
engaging in the violation or from committing any further
violation, as appropriate;
(2) damages not to exceed $25,000; or
(3) both such remedies.
In any action or proceeding under this section, the court, in its
discretion, may allow the prevailing party a reasonable attorney's fee
(including expert fees) as part of the costs.
(b) Commencement of Proceedings.--An employee referred to in
subsection (a) may not commence proceedings under such subsection
against an employer of the employee after the expiration of the 7-year
period beginning on the later of the following:
(1) The date on which the employer allegedly engaged in a
violation of section 2.
(2) The date on which the employee should have been aware
of an alleged violation of section 2 by the employer.
SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS.
(a) State Laws.--This Act does not annul, alter, or affect in any
manner the meaning, scope, or applicability of the laws of any State or
political subdivision of any State, except to the extent such laws are
inconsistent with this Act, and then only to the extent of the
inconsistency. A law is not inconsistent with this Act if the law
affords greater protection to an employee than the protection provided
under this Act.
(b) Collective Bargaining Agreements.--This Act does not annul,
alter, or affect in any manner the meaning, scope, or applicability of
any collective bargaining agreements, except to the extent that such
agreements are inconsistent with this Act, and then only to the extent
of the inconsistency. An agreement is not inconsistent with this Act if
the agreement affords greater protection to an employee than the
protection provided under this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Audio monitoring.--The term ``audio monitoring'' means
the listening to, collecting, or recording of sounds of an
employee by means of audio equipment or other method.
(2) Employee.--The term ``employee'' means any person who
is employed by an employer or who was employed by an employer
at the time of a violation that was allegedly committed by that
employer. Such term includes leased or temporary employees and
an employee who is under contract to perform work for an
employer.
(3) Employer.--The term ``employer'' means any person or
entity engaged in commerce or in an industry or activity
affecting interstate commerce.
(4) Video monitoring.--The term ``video monitoring'' means
the videotaping, photographing, filming, or recording by any
electronic means of an employee, or installing a device that
videotapes, photographs, films, or otherwise records visual
images.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) State.--The term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, or a territory or possession of the United States.
SEC. 7. EFFECTIVE DATE.
This Act takes effect 60 days after the date of the enactment of
this Act.
<all>