I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Employee Changing 

5 Room Privacy Act’’. 


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1 SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONI2 TORING OF EMPLOYEES IN CERTAIN EM3 PLOYMENT LOCATIONS. 

4 (a) IN GENERAL.—An employer may not engage in 

5 video monitoring or audio monitoring of an employee of 

6 the employer when the employee is in a restroom facility, 

7 dressing room, or any other area in which it is reasonable 

8 to expect employees of the employer to change clothing. 

9 (b) USE OF MONITORING RESULTS.—An employer 

10 may not use the results of video or audio monitoring con11 ducted in violation of this Act for any purpose, including 

12 any employee discipline. An employer shall immediately 

13 destroy all copies of any recording determined to have 

14 been made in violation of this Act. 

15 (c) NON-RETALIATION.—An employer may not dis16 charge, discipline, or discriminate in any manner against 

17 an employee because the employee has— 

18 (1) filed any complaint or instituted or caused 

19 to be instituted any proceeding under this Act; or 

20 (2) testified or is about to testify in any pro21 ceeding under this Act. 

22 (d) LIMITATION.—Nothing in this Act shall prohibit 

23 any video monitoring or audio monitoring conducted by 

24 a law enforcement agency as part of a criminal investiga25 tion and pursuant to a validly issued warrant. 


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1 SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR. 

2 (a) IN GENERAL.—Any employer who violates section 

3 2 shall be liable to the United States for a civil money 

4 penalty in an amount not to exceed $18,000 for each viola5 tion. 

6 (b) WRITTEN NOTICE AND OPPORTUNITY FOR

7 HEARING.—The Secretary of Labor shall assess a civil 

8 money penalty under subsection (a) by an order made on 

9 the record after opportunity for a hearing provided in ac10 cordance with section 554 of title 5, United States Code. 

11 In connection with the hearing, the Secretary may issue 

12 subpoenas requiring the attendance and testimony of wit13 nesses and the production of evidence that relates to the 

14 subject matter of the hearing. 

15 (c) DETERMINATION OF AMOUNT OF CIVIL MONEY

16 PENALTY.—In determining the amount of a civil money 

17 penalty under subsection (a), the Secretary shall take into 

18 account— 

19 (1) the nature, circumstances, extent, and grav20 ity of the violation or violations; and 

21 (2) with respect to the violator, the ability to 

22 pay, effect on ability to continue to do business, any 

23 history of prior violations, the degree of culpability, 

24 and such other matters as justice may require. 

25 (d) MODIFICATION OF CIVIL MONEY PENALTY.—The 

26 Secretary may compromise, modify, or remit, with or withVerDate Aug 31 2005 04:25 Feb 07, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5228.IH H5228

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1 out conditions, any civil money penalty assessed under 

2 subsection (a). The amount of such penalty, when finally 

3 determined, or the amount agreed upon in compromise, 

4 may be deducted from any sums owing by the United 

5 States to the employer. 

6 (e) JUDICIAL REVIEW.—An employer who requested, 

7 in accordance with section 554 of title 5, United States 

8 Code, a hearing respecting the assessment of a civil money 

9 penalty under this subsection, and who is aggrieved by the 

10 order assessing the penalty may file a petition for judicial 

11 review of the order with the United States Court of Ap12 peals for the District of Columbia Circuit or for any other 

13 circuit in which the employer resides or transacts business. 

14 Such a petition may only be filed within the 120-day pe15 riod beginning on the date the order was issued. 

16 (f) FAILURE TO PAY.—The Secretary of Labor may 

17 recover, in an action brought in any appropriate district 

18 court of the United States, the amount of a civil money 

19 penalty assessed under this subsection against an em20 ployer who fails to pay the penalty— 

21 (1) after the order making the assessment be22 comes final, and if such employer does not file a pe23 tition for judicial review of the order in accordance 

24 with subsection (e); or 


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1 (2) after a court in an action brought under 

2 subsection (e) has entered a final judgment in favor 

3 of the Secretary. 

4 (g) NO REVIEW OF PENALTY.—In an action brought 

5 under subsection (f), the validity, amount, and appro6 priateness of the civil money penalty shall not be subject 

7 to review. 

8 (h) INJUNCTIVE RELIEF.—The Secretary may com9 mence, in any court of competent jurisdiction, a civil ac10 tion for the purpose of obtaining temporary or permanent 

11 injunctive relief with respect to preventing a violation of 

12 section 2. 

13 SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EM14 PLOYEE. 

15 (a) IN GENERAL.—An employee who is aggrieved as 

16 a result of a violation of section 2 by the employer of such 

17 employee may commence, in any court of competent juris18 diction, a civil action against the employer to obtain ap19 propriate relief, including— 

20 (1) an injunction to enjoin the employer from 

21 further engaging in the violation or from committing 

22 any further violation, as appropriate; 

23 (2) damages not to exceed $25,000; or 

24 (3) both such remedies. 


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1 In any action or proceeding under this section, the court, 

2 in its discretion, may allow the prevailing party a reason3 able attorney’s fee (including expert fees) as part of the 

4 costs. 

5 (b) COMMENCEMENT OF PROCEEDINGS.—An em6 ployee referred to in subsection (a) may not commence 

7 proceedings under such subsection against an employer of 

8 the employee after the expiration of the 7-year period be9 ginning on the later of the following: 

10 (1) The date on which the employer allegedly 

11 engaged in a violation of section 2. 

12 (2) The date on which the employee should 

13 have been aware of an alleged violation of section 2 

14 by the employer. 

15 SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BAR16 GAINING AGREEMENTS. 

17 (a) STATE LAWS.—This Act does not annul, alter, 

18 or affect in any manner the meaning, scope, or applica19 bility of the laws of any State or political subdivision of 

20 any State, except to the extent such laws are inconsistent 

21 with this Act, and then only to the extent of the inconsist22 ency. A law is not inconsistent with this Act if the law 

23 affords greater protection to an employee than the protec24 tion provided under this Act. 


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1 (b) COLLECTIVE BARGAINING AGREEMENTS.—This 

2 Act does not annul, alter, or affect in any manner the 

3 meaning, scope, or applicability of any collective bar4 gaining agreements, except to the extent that such agree5 ments are inconsistent with this Act, and then only to the 

6 extent of the inconsistency. An agreement is not incon7 sistent with this Act if the agreement affords greater pro8 tection to an employee than the protection provided under 

9 this Act. 

10 SEC. 6. DEFINITIONS. 

11 In this Act: 

12 (1) AUDIO MONITORING.—The term ‘‘audio 

13 monitoring’’ means the listening to, collecting, or re14 cording of sounds of an employee by means of audio 

15 equipment or other method. 

16 (2) EMPLOYEE.—The term ‘‘employee’’ means 

17 any person who is employed by an employer or who 

18 was employed by an employer at the time of a viola19 tion that was allegedly committed by that employer. 

20 Such term includes leased or temporary employees 

21 and an employee who is under contract to perform 

22 work for an employer. 

23 (3) EMPLOYER.—The term ‘‘employer’’ means 

24 any person or entity engaged in commerce or in an 

25 industry or activity affecting interstate commerce. 


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1 (4) VIDEO MONITORING.—The term ‘‘video 

2 monitoring’’ means the videotaping, photographing, 

3 filming, or recording by any electronic means of an 

4 employee, or installing a device that videotapes, pho5 tographs, films, or otherwise records visual images. 

6 (5) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Labor. 

8 (6) STATE.—The term ‘‘State’’ means a State 

9 of the United States, the District of Columbia, the 

10 Commonwealth of Puerto Rico, or a territory or pos11 session of the United States. 

12 SEC. 7. EFFECTIVE DATE. 

13 This Act takes effect 60 days after the date of the 

14 enactment of this Act. 

Æ 


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