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Employment Today™


"SECURITY CAMERAS REVEAL MORE THAN JUST EMPLOYEES' BEHAVIOR"

Dear Kathryn:

I joined a high-end restaurant group as permitee and general manager a year ago, never anticipating the quicksand in which I'd land.

As the group's owners also own a security company, they've gone a little overboard with the security systems installed. They experienced heavy employee theft in the past where employees lifted expensive utensils and wine, so I can't say I blame the owners for putting in surveillance cameras. Little did I know that cameras are installed in what we refer to as the employee lounge, which doubles as the locker room. Many employees change before and after their shifts.

As I was never aware of the security cameras that were hidden in that room, I've never mentioned it to new employees. Well, it seems that the owners were watching tapes of a few female employees changing clothes while in the employee lounge after hours. A waitress walked in on this and freaked out when she saw her half-naked image clearly displayed on the big screen.

Today, I got named in a lawsuit this waitress filed as I'm listed as the permitee. The suit states that these surveillance cameras were never disclosed to the employee. I can't say I blame the employee, but everyone here knows we've got cameras scattered around. A posting clearly states security cameras are in use, however the notice doesn't state the locker room has cameras.

What is my own personal liability?

What should we do now in the interim?

The owners have taken a casual attitude about this as they think because they've got the notice posted regarding the cameras, they're home free. They think I'm paranoid because I think we're in for a lot of trouble. What should my own as well as the owners' next step be?

RAY T., Middletown,CT

Dear Ray"

Bet a good bottle of cabernet with the owners on this one and you'll win.

While the owners are correct in stating they've fulfilled a portion of their responsibility by posting notices regarding surveillance in use, they've violated a CT State Statute as well. Attorney Henry Zaccardi of Shipman & Goodwin brings to our attention CT State Statute 31-48b which clearly states surveillance cameras cannot be used in any area of employees' personal comfort (bathrooms, locker rooms, changing areas.)

The employee could have just gone to the Labor Department with this voyeurism experience, it seems as though she feels this invasion of her privacy could be pursued in court. I asked Zaccardi what he thought her chances of winning would be, and he thought they would be good.

If you were not aware of the cameras in the locker room, you can't personally be held liable for the owners' action. Suggest to your operation's owners that they get serious about this matter, hire an attorney and immediately remove the cameras in the locker room.

For you employees out there wondering if you're being spied upon unreasonably, get educated about the latest techniques some employers are using and pick up the book The Naked Employee. It's eye-opening description of infrared security cards, "smart" uniforms (clothing that reveals your whereabouts and the condition of your health and emotions) to the state of the art advances companies are using with GPS, tracking their vehicles and equipment!

Whether you're the employer or employee, you should be as aware of your liability as the employer and of your rights as the employee. It's a much different workplace world out there then even five years ago, so it's best to be up-to-date and informed.

Dear Kathryn:

I thought that when I got the job here at a casino, I'd died and gone to heaven. The benefits are great, advancement was possible, and my future looked bright. What I, and others didn't know, is that the chiefs here feel they're gods and can be discriminatory and sexually harassing, while other employers can't.

For months my manager was consistently condescending and sexually harassing, commenting on my personal appearance and single-motherhood status. He consistently insinuated that I was "loose" as I've had two kids out of wedlock and that I dressed in a provocative manner. I told him three times that as long as my dress was within the company's guidelines; he had no right to say anything to me. Regardless, his nasty innuendo's continued.

I went to his boss and then personnel. All they did was write up my comments for my personnel file, and took no disciplinary action against my manager. In addition, my request to be transferred was denied. I told my manager that I wasn't taking his sexist comments any longer and I would be going to the Labor Board. His answer was: "Good luck."

Today I received a probationary notice due to "insubordination." The probationary notice was generated, I know, because I had complained to personnel and threatened him with the Labor Board.

These Indians think they rule the universe and I feel like I'm being forced out of my job with no say! What can I do?

SUSAN R., Waterford, CT

Dear Susan:

While their own authority governs much of what the tribe can do on Indian Land, Federal law overrides issues such as Title 7, the basic anti-discrimination law.

The sexual harassment you've experienced would hold your employer liable under the Federal EEOC Regulation. You would be protected against any retaliation in addition to discrimination under the Federal guidelines.

Should you feel confident in your position, immediately contact the local EEOC office. While the State offices won't be able to offer you any protection, the Federal EEOC office can. Good luck.