text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Employee Changing Room Privacy 
  Act''.
  
  SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN 
                CERTAIN EMPLOYMENT LOCATIONS.
  
      (a) In General.--An employer may not engage in video monitoring or 
  audio monitoring of an employee of the employer when the employee is in 
  a restroom facility, dressing room, or any other area in which it is 
  reasonable to expect employees of the employer to change clothing.
      (b) Use of Monitoring Results.--An employer may not use the results 
  of video or audio monitoring conducted in violation of this Act for any 
  purpose, including any employee discipline. An employer shall 
  immediately destroy all copies of any recording determined to have been 
  made in violation of this Act.
      (c) Non-Retaliation.--An employer may not discharge, discipline, or 
  discriminate in any manner against an employee because the employee 
  has--
              (1) filed any complaint or instituted or caused to be 
          instituted any proceeding under this Act; or
              (2) testified or is about to testify in any proceeding 
          under this Act.
      (d) Limitation.--Nothing in this Act shall prohibit any video 
  monitoring or audio monitoring conducted by a law enforcement agency as 
  part of a criminal investigation and pursuant to a validly issued 
  warrant.
  
  SEC. 3. ENFORCEMENT ACTION BY SECRETARY OF LABOR.
  
      (a) In General.--Any employer who violates section 2 shall be 
  liable to the United States for a civil money penalty in an amount not 
  to exceed $18,000 for each violation.
      (b) Written Notice and Opportunity for Hearing.--The Secretary of 
  Labor shall assess a civil money penalty under subsection (a) by an 
  order made on the record after opportunity for a hearing provided in 
  accordance with section 554 of title 5, United States Code. In 
  connection with the hearing, the Secretary may issue subpoenas 
  requiring the attendance and testimony of witnesses and the production 
  of evidence that relates to the subject matter of the hearing.
      (c) Determination of Amount of Civil Money Penalty.--In determining 
  the amount of a civil money penalty under subsection (a), the Secretary 
  shall take into account--
              (1) the nature, circumstances, extent, and gravity of the 
          violation or violations; and
              (2) with respect to the violator, the ability to pay, 
          effect on ability to continue to do business, any history of 
          prior violations, the degree of culpability, and such other 
          matters as justice may require.
      (d) Modification of Civil Money Penalty.--The Secretary may 
  compromise, modify, or remit, with or without conditions, any civil 
  money penalty assessed under subsection (a). The amount of such 
  penalty, when finally determined, or the amount agreed upon in 
  compromise, may be deducted from any sums owing by the United States to 
  the employer.
      (e) Judicial Review.--An employer who requested, in accordance with 
  section 554 of title 5, United States Code, a hearing respecting the 
  assessment of a civil money penalty under this subsection, and who is 
  aggrieved by the order assessing the penalty may file a petition for 
  judicial review of the order with the United States Court of Appeals 
  for the District of Columbia Circuit or for any other circuit in which 
  the employer resides or transacts business. Such a petition may only be 
  filed within the 120-day period beginning on the date the order was 
  issued.
      (f) Failure To Pay.--The Secretary of Labor may recover, in an 
  action brought in any appropriate district court of the United States, 
  the amount of a civil money penalty assessed under this subsection 
  against an employer who fails to pay the penalty--
              (1) after the order making the assessment becomes final, 
          and if such employer does not file a petition for judicial 
          review of the order in accordance with subsection (e); or
              (2) after a court in an action brought under subsection (e) 
          has entered a final judgment in favor of the Secretary.
      (g) No Review of Penalty.--In an action brought under subsection 
  (f), the validity, amount, and appropriateness of the civil money 
  penalty shall not be subject to review.
      (h) Injunctive Relief.--The Secretary may commence, in any court of 
  competent jurisdiction, a civil action for the purpose of obtaining 
  temporary or permanent injunctive relief with respect to preventing a 
  violation of section 2.
  
  SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE.
  
      (a) In General.--An employee who is aggrieved as a result of a 
  violation of section 2 by the employer of such employee may commence, 
  in any court of competent jurisdiction, a civil action against the 
  employer to obtain appropriate relief, including--
              (1) an injunction to enjoin the employer from further 
          engaging in the violation or from committing any further 
          violation, as appropriate;
              (2) damages not to exceed $25,000; or
              (3) both such remedies.
  In any action or proceeding under this section, the court, in its 
  discretion, may allow the prevailing party a reasonable attorney's fee 
  (including expert fees) as part of the costs.
      (b) Commencement of Proceedings.--An employee referred to in 
  subsection (a) may not commence proceedings under such subsection 
  against an employer of the employee after the expiration of the 7-year 
  period beginning on the later of the following:
              (1) The date on which the employer allegedly engaged in a 
          violation of section 2.
              (2) The date on which the employee should have been aware 
          of an alleged violation of section 2 by the employer.
  
  SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS.
  
      (a) State Laws.--This Act does not annul, alter, or affect in any 
  manner the meaning, scope, or applicability of the laws of any State or 
  political subdivision of any State, except to the extent such laws are 
  inconsistent with this Act, and then only to the extent of the 
  inconsistency. A law is not inconsistent with this Act if the law 
  affords greater protection to an employee than the protection provided 
  under this Act.
      (b) Collective Bargaining Agreements.--This Act does not annul, 
  alter, or affect in any manner the meaning, scope, or applicability of 
  any collective bargaining agreements, except to the extent that such 
  agreements are inconsistent with this Act, and then only to the extent 
  of the inconsistency. An agreement is not inconsistent with this Act if 
  the agreement affords greater protection to an employee than the 
  protection provided under this Act.
  
  SEC. 6. DEFINITIONS.
  
      In this Act:
              (1) Audio monitoring.--The term ``audio monitoring'' means 
          the listening to, collecting, or recording of sounds of an 
          employee by means of audio equipment or other method.
              (2) Employee.--The term ``employee'' means any person who 
          is employed by an employer or who was employed by an employer 
          at the time of a violation that was allegedly committed by that 
          employer. Such term includes leased or temporary employees and 
          an employee who is under contract to perform work for an 
          employer.
              (3) Employer.--The term ``employer'' means any person or 
          entity engaged in commerce or in an industry or activity 
          affecting interstate commerce.
              (4) Video monitoring.--The term ``video monitoring'' means 
          the videotaping, photographing, filming, or recording by any 
          electronic means of an employee, or installing a device that 
          videotapes, photographs, films, or otherwise records visual 
          images.
              (5) Secretary.--The term ``Secretary'' means the Secretary 
          of Labor.
              (6) State.--The term ``State'' means a State of the United 
          States, the District of Columbia, the Commonwealth of Puerto 
          Rico, or a territory or possession of the United States.
  
  SEC. 7. EFFECTIVE DATE.
  
      This Act takes effect 60 days after the date of the enactment of 
  this Act.
target: 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.
feat_title: To 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.