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Can an employer set up video and audio recording devices to monitor employee conduct

Amelia, OH |

Can an employer place a video and audio camera in one vehicle and not in the others that they have? Since there is 20 plus trucks and only one has the camera and it has been there for a year or more. Also no arrangements to place them in others trucks that they own.

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Attorney answers 1


Absent a state law specifically addressed at the employer, the employer can out his/her equipment with recording devices. This issue is less where the devices are and more who is the driver. If the regular driver of this vehicle is a member of a protected class there may be a problem. A protected class is the way the law determines discrimination. Current Federal discrimination bases are: age, sex, race, color, nationality, disability, religion, pregnancy, marital or military status. (see You state also enforces these discrimination bases and may add more of its own. Many states are now adopting 'sexual orientation' as a base of discrimination.

So, for example, if the usual driver of this truck in a minority, then he/she may be able to file a discrimination complaint against the employer. However, before entering into costly and time consuming litigation that employee should consult with a local employment attorney.

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