I 

108TH CONGRESS 

2D SESSION H. R. 5181

To protect employees from invasion of privacy by employers by prohibiting 

certain video monitoring and audio monitoring of employees by their 

employers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2004

Mr. PETRI (for himself and Mr. ANDREWS) introduced the following bill; 

which was referred to the Committee on Education and the Workforce, 

and in addition to the Committee on Government Reform, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL

To protect employees from invasion of privacy by employers 

by prohibiting certain video monitoring and audio monitoring of employees by their employers, and for other 

purposes.

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 Freedom 

5 from Invasion of Privacy Act’’. 
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1 SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONI2 TORING OF EMPLOYEES IN CERTAIN EM3 PLOYMENT LOCATIONS. 

4 An employer may not engage in video monitoring or 

5 audio monitoring of an employee of the employer when the 

6 employee is in a restroom facility, dressing room, or any 

7 other area in which it is reasonable to expect employees 

8 of the employer to change clothing. 

9 SEC. 3. ENFORCEMENT ACTION BY SECRETARY. 

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

11 2 shall be liable to the United States for a civil money 

12 penalty in an amount not to exceed $10,000 for each viola13 tion, except that, if the violation is knowing, the penalty 

14 for the violation may be up to $25,000. 

15 (b) WRITTEN NOTICE AND OPPORTUNITY FOR

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

17 penalty under subsection (a) by an order made on the 

18 record after opportunity for a hearing provided in accord19 ance with section 554 of title 5, United States Code. In 

20 connection with the hearing, the Secretary may issue sub21 poenas requiring the attendance and testimony of wit22 nesses and the production of evidence that relates to the 

23 subject matter of the hearing. 

24 (c) DETERMINATION OF AMOUNT OF CIVIL MONEY

25 PENALTY.—In determining the amount of a civil money 
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1 penalty under subsection (a), the Secretary shall take into 

2 account—

3 (1) the nature, circumstances, extent, and grav4 ity of the violation or violations; and 

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

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

7 history of prior violations, the degree of culpability, 

8 and such other matters as justice may require. 

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

10 Secretary may compromise, modify, or remit, with or with11 out conditions, any civil money penalty assessed under 

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

13 determined, or the amount agreed upon in compromise, 

14 may be deducted from any sums owing by the United 

15 States to the employer. 

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

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

18 Code, a hearing respecting the assessment of a civil pen19 alty under this subsection, and who is aggrieved by the 

20 order assessing the penalty may file a petition for judicial 

21 review of the order with the United States Court of Ap22 peals for the District of Columbia Circuit or for any other 

23 circuit in which the employer resides or transacts business. 

24 Such a petition may only be filed within the 60-day period 

25 beginning on the date the order was issued. 
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1 (f) FAILURE TO PAY.—The Attorney General may re2 cover, in an action brought in any appropriate district 

3 court of the United States, the amount of a civil penalty 

4 assessed under this subsection against an employer who 

5 fails to pay the penalty—

6 (1) after the order making the assessment be7 comes final, and if such employer does not file a pe8 tition for judicial review of the order in accordance 

9 with subsection (e); or 

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

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

12 of the Secretary. 

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

14 under subsection (f), the validity, amount, and appro15 priateness of the civil penalty shall not be subject to re16 view. 

17 (h) INJUNCTIVE RELIEF.—The Secretary may com18 mence, in any court of competent jurisdiction, a civil ac19 tion for the purpose of obtaining temporary or permanent 

20 injunctive relief with respect to preventing a violation of 

21 section 2. 

22 SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EM23 PLOYEE. 

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

25 a result of a violation of section 2 by the employer of such 
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1 employee may commence, in any court of competent juris2 diction, a civil action against the employer to obtain ap3 propriate relief, including—

4 (1) an injunction to enjoin the employer from 

5 further engaging in the violation or from committing 

6 any further violation, as appropriate; 

7 (2) damages not to exceed $25,000 if the viola8 tion is knowing; or 

9 (3) both such remedies. 

10 (b) COMMENCEMENT OF PROCEEDINGS.—An em11 ployee referred to in subsection (a) may not commence 

12 proceedings under such subsection against an employer of 

13 the employee after the expiration of the 7-year period be14 ginning on the later of the following: 

15 (1) The date on which the employer allegedly 

16 engaged in a violation of section 2. 

17 (2) The date on which the employee should 

18 have been aware of an alleged violation of section 2 

19 by the employer. 

20 (c) ATTORNEY’S FEES AND COSTS.—In any civil ac21 tion referred to in subsection (a), the prevailing party may 

22 obtain appropriate relief, including reasonable costs, and 

23 attorney’s and expert witness fees. 
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1 SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BAR2 GAINING AGREEMENTS. 

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

4 or affect in any manner the meaning, scope, or applica5 bility of the laws of any State or political subdivision of 

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

7 with this Act, and then only to the extent of the inconsist8 ency. A law is not inconsistent with this Act if the law 

9 affords greater protection to an employee than the protec10 tion provided under this Act. 

11 (b) COLLECTIVE BARGAINING AGREEMENTS.—This 

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

13 meaning, scope, or applicability of any collective bar14 gaining agreements, except to the extent that such agree15 ments are inconsistent with this Act, and then only to the 

16 extent of the inconsistency. An agreement is not incon17 sistent with this Act if the agreement affords greater pro18 tection to an employee than the protection provided under 

19 this Act. 

20 SEC. 6. DEFINITIONS. 

21 In this Act: 

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

23 monitoring’’ means the listening to, collecting, or re24 cording of sounds of an employee by means of audio 

25 equipment or other method. 
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1 (2) EMPLOYEE.—The term ‘‘employee’’ means 

2 any person who is employed by an employer or who 

3 was employed by an employer at the time of a viola4 tion that was allegedly committed by that employer. 

5 Such term includes leased or temporary employees 

6 and an employee who is under contract to perform 

7 work for an employer. 

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

9 any person or entity engaged in commerce or in an 

10 industry or activity affecting commerce. Such term 

11 includes a public agency. 

12 (4) PUBLIC AGENCY.—The term ‘‘public agen13 cy’’ means—

14 (A) the Government of the United States; 

15 (B) the government of a State or political 

16 subdivision thereof; 

17 (C) any agency of the United States (in18 cluding the United States Postal Service and 

19 Postal Rate Commission); 

20 (D) any agency of a State, or a political 

21 subdivision of a State; or 

22 (E) any interstate governmental agency. 

23 (5) VIDEO MONITORING.—The term ‘‘video 

24 monitoring’’ means the videotaping, photographing, 
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1 filming, or recording by any electronic means of an 

2 employee. 

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

4 the Secretary of Labor. 

5 (7) STATE.—The term ‘‘State’’ means a State 

6 of the United States, the District of Columbia, the 

7 Commonwealth of Puerto Rico, or a territory or pos8 session of the United States. 

9 SEC. 7. EFFECTIVE DATE. 

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

11 enactment of this Act.

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