There are some exceptions. Generally, employers may not videotape employees in bathrooms or break rooms, although it's not clear how that would apply in an era of virtual meetings. Employers may not legally read messages related to genetic information or union organizing, and union contracts may prohibit monitoring altogether.The National Conference of State Legislatures says Connecticut and Delaware state laws require employers to disclose that they're monitoring employee email, and at least 26 states forbid employers from demanding employees' social media passwords. Selective monitoring of employees based on race, gender, or certain other demographics could violate civil rights laws.And it's not clear to what extent employers can monitor what workers do on computers or smartphones they own but are using for work. Enid Zhou of the Electronic Privacy Information Center, a D.C.-based nonprofit, says courts haven't yet ruled on that.