H.R. 5228, The Employee Changing Room Privacy Act

• This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

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H.R. 5228 would protect employees from invasion of privacy by employers by prohibiting video and audio monitoring of employees when in an area where it is reasonable to expect employees to change clothing.

Detailed Summary

Employee Changing Room Privacy Act - Prohibits employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. Prohibits employers from using monitoring results for any purpose and requires employers to immediately destroy any violating recording. Prohibits retaliation.

Allows video monitoring or audio monitoring by a law enforcement agency as part of a criminal investigation and with a warrant.

Provides for enforcement by the Secretary of Labor. Allows private suits by aggrieved employees.

Asserts that this Act does not alter state law or collective bargaining agreements except where inconsistent with this Act.

Status of the Legislation

Latest Major Action: 3/11/2008: Referred to House subcommittee. Status: Referred to the Subcommittee on Health, Employment, Labor, and Pensions.

Points in Favor

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Points Against

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