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California Supreme Court Clarifies Standards For Workplace Video Surveillance.

Article Excerpt
California Supreme Court Clarifies Standards For Workplace Video Surveillance

Could the mere placement of a hidden video camera in an employee's office constitute an invasion of privacy, if the camera is never used to watch or record that employee? According to the California Supreme Court, the answer is yes. On August 3rd, the California Supreme Court issued its long-awaited decision in Hernandez v. Hillsides, Inc., a workplace video surveillance case with significant implications for California employers.1

Background

Defendant Hillsides operates a private, nonprofit residential facility for abused and neglected children, including children who have been victims of sexual abuse. When Hillsides' director learned that office computers were being used at night to access child pornography websites, he was concerned that the culprit might be an employee who worked with children. He secretly set up a video camera to try to identify this person. The camera happened to be installed in an office shared by the plaintiffs, Abigail Hernandez and Maria Jose-Lopez, who performed clerical work during the day. The director did not suspect either of the plaintiffs but chose not to tell them about the video camera, in order to maintain the secrecy of the investigation.

The Placement of the Hidden Camera The office shared by the plaintiffs featured a locking door and window shades which could be raised or lowered. An area within the lower portion of the door had been cut away, like a "doggie door" for which the flap...

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