A federal appeals court has reinstated a lawsuit by nearly 300 employees against Consolidated Freightways for having surveillance equipment in a restroom.
CF installed hidden cameras and microphones behind two-way mirrors in a restroom in its Mira Loma, Calif., terminal in 1995 to detect drug use. They were discovered two years later when a mirror fell off.
Although the surveillance is a crime under California law, lower courts had ruled that the Teamsters contract contained provisions on video surveillance and might be interpreted to narrow employees' privacy protections at work. The only recourse for employees under that ruling was to file union grievances. That's because federal law bars unionized workers from suing for damages over disputes that require interpretation of their contracts. However, the appeals court said the contract did not address "secret spying" in restrooms.
Last week's 10-to-1 decision by the U.S. Court of Appeals in San Francisco will allow the invasion of privacy suit to move forward.
CF installed hidden cameras and microphones behind two-way mirrors in a restroom in its Mira Loma, Calif., terminal in 1995 to detect drug use. They were discovered two years later when a mirror fell off.
Although the surveillance is a crime under California law, lower courts had ruled that the Teamsters contract contained provisions on video surveillance and might be interpreted to narrow employees' privacy protections at work. The only recourse for employees under that ruling was to file union grievances. That's because federal law bars unionized workers from suing for damages over disputes that require interpretation of their contracts. However, the appeals court said the contract did not address "secret spying" in restrooms.
Last week's 10-to-1 decision by the U.S. Court of Appeals in San Francisco will allow the invasion of privacy suit to move forward.
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