SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONI-
TORING OF EMPLOYEES IN CERTAIN EM-
PLOYMENT 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 con-
ducted 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 dis-
charge, 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 pro-
ceeding 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 investiga-
tion and pursuant to a validly issued warrant. 
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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 viola-
tion. 
(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 ac-
cordance 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 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-
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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 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 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 120-day pe-
riod 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 em-
ployer who fails to pay the penalty— 
(1) after the order making the assessment be-
comes final, and if such employer does not file a pe-
tition for judicial review of the order in accordance 
with subsection (e); or 
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(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 appro-
priateness of the civil money penalty shall not be subject 
to review. 
(h) INJUNCTIVE RELIEF.—The Secretary may com-
mence, in any court of competent jurisdiction, a civil ac-
tion 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 EM-
PLOYEE. 
(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 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; or 
(3) both such remedies. 
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In any action or proceeding under this section, the court, 
in its discretion, may allow the prevailing party a reason-
able attorney’s fee (including expert fees) as part of the 
costs. 
(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. 
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. 
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