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 consider-
ation 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 moni-
toring of employees by their employers, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Employee Freedom 
from Invasion of Privacy Act’’.
SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONI-
TORING OF EMPLOYEES IN CERTAIN EM-
PLOYMENT LOCATIONS. 
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. 
SEC. 3. ENFORCEMENT ACTION BY SECRETARY. 
(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 $10,000 for each viola-
tion, except that, if the violation is knowing, the penalty 
for the violation may be up to $25,000. 
(b) WRITTEN
NOTICE
AND
OPPORTUNITY
FOR 
HEARING.—The Secretary of Labor shall assess a civil 
penalty under subsection (a) by an order made on the 
record after opportunity for a hearing provided in accord-
ance with section 554 of title 5, United States Code. In 
connection with the hearing, the Secretary may issue sub-
poenas requiring the attendance and testimony of wit-
nesses 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 grav-
ity 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 with-
out 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 pen-
alty 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 Ap-
peals 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 60-day period 
beginning on the date the order was issued.
employee may commence, in any court of competent juris-
diction, a civil action against the employer to obtain ap-
propriate 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 if the viola-
tion is knowing; or 
(3) both such remedies. 
(b) COMMENCEMENT
OF PROCEEDINGS.—An em-
ployee 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 be-
ginning 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. 
(c) ATTORNEY’S FEES AND COSTS.—In any civil ac-
tion referred to in subsection (a), the prevailing party may 
obtain appropriate relief, including reasonable costs, and 
attorney’s and expert witness fees.
SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BAR-
GAINING AGREEMENTS. 
(a) STATE LAWS.—This Act does not annul, alter, 
or affect in any manner the meaning, scope, or applica-
bility 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 inconsist-
ency. A law is not inconsistent with this Act if the law 
affords greater protection to an employee than the protec-
tion 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 bar-
gaining agreements, except to the extent that such agree-
ments are inconsistent with this Act, and then only to the 
extent of the inconsistency. An agreement is not incon-
sistent with this Act if the agreement affords greater pro-
tection 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 re-
cording 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 viola-
tion 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 commerce. Such term 
includes a public agency. 
(4) PUBLIC AGENCY.—The term ‘‘public agen-
cy’’ means—
(A) the Government of the United States; 
(B) the government of a State or political 
subdivision thereof; 
(C) any agency of the United States (in-
cluding the United States Postal Service and 
Postal Rate Commission); 
(D) any agency of a State, or a political 
subdivision of a State; or 
(E) any interstate governmental agency. 
(5) VIDEO
MONITORING.—The term ‘‘video 
monitoring’’ means the videotaping, photographing,
filming, or recording by any electronic means of an 
employee. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(7) STATE.—The term ‘‘State’’ means a State 
of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, or a territory or pos-
session of the United States. 
SEC. 7. EFFECTIVE DATE. 
This Act takes effect 60 days after the date of the 
enactment of this Act.
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