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I found a hidden camera in my office break room at work. Is that legal? Ask HR

Johnny C. Taylor, Jr.
Special to USA TODAY




Question: I found a hidden camera in an exit sign in our break room. When I brought this to HR’s attention, they said it's not violating any policy or laws because the camera is monitoring a door that leads to an area from which you can access a computer server. Is this legal? – Anonymous

Johnny C. Taylor, Jr.: I can understand your surprise at finding a surveillance camera in your office break room, but employers are generally permitted to monitor most areas of the workplace.

It is not uncommon for employers to use video surveillance to minimize attendance problems and theft, alcohol and drug use and to also identify unsafe working conditions and provide data security. Video monitoring – more common in larger companies and industries such as banking, real estate and insurance – also can provide evidence of any crime that might occur at the work site. 

Video surveillance can be a tool for many legitimate workplace purposes.

There are some spaces where monitoring would be off limits because of expectations of privacy, such as restrooms, locker rooms, changing rooms, showers and the like.

Whether or not using video surveillance in the workplace is legal depends upon many factors. Federal law does not prohibit workplace video monitoring without audio, but employers also must consider state law. Several states require the consent of all parties in a conversation before audio can be recorded.

To ensure employees like you are not surprised to find workplace monitoring, some employers notify workers by including information in their company handbook.

As long as it complies with federal and state regulations, video surveillance, including with a hidden device, can be a tool for many legitimate workplace purposes.

Q: My ex-husband just applied for a job with my company. Although I never reported it to police, he beat me during our marriage. Can I stop him from working here? – Anonymous

Taylor: Few states have laws that deal directly with your situation. But please do not let that stop you from having a candid conversation with your HR department about your concerns and personal history.

HR professionals are sensitive and responsive to issues of violence involving their workplace. Almost one-half say their organization has a policy of zero tolerance for employees who make threats of violence and would respond by immediately terminating the offending employee. Additionally, more than one-third of HR professionals say their company has policies specific to domestic violence, meaning they have guidance on how to deal with such situations.



When it comes to hiring, HR considers concerns like yours before making recommendations to hiring managers. They also conduct background checks to reduce the risks of hiring people with a history of violent behavior.

Once you have a conversation with HR, your concerns will be reviewed by the HR team and potentially others involved in hiring. The question is whether the organization, even if it conducts a full background check and reference review, will be able to confirm your statements. But at the very least, you have alerted your company to a legitimate concern about a potential new hire.

Ultimately, the decision of whether to hire your ex-husband will be made by management, usually with information from various departments and individuals, including HR.

For your peace of mind, remember that there are numerous steps in the hiring process. Just because he applied for a position does not mean he will get the job or even that he will make the initial cut for an interview.

You are smart to be proactive and address this issue now. If he does get the job, have a follow-up conversation with HR. When HR knows that an employee is at risk of becoming a victim of violence, it will be vigilant.

