Know Your Rights
While legislation protecting against workplace surveillance is sparse, there is legislation in place that provides protection to workers, even if it does not explicitly address surveillance. This legislation is present at both the state and federal level.
View a complete list of legislation.
View resources for suing our employer.
MY STATE
What do I do if...?
with regard to my disability.
FEDERAL
Americans with Disabilities Act
Covers workplace surveillance that involves:
Wellness programs that do not accommodate a worker's disability
AI used in employment decisions (AI may discriminate against individuals with disabilities)
FEDERAL: Equal Employment Opportunity Commission
EEOC guidance issued in 2022 makes it clear that employers’ use of software, algorithms, and AI for assessing job applicants and employees may violate the Americans with Disabilities Act
Guidance issued in 2022
Makes explicit the need for employers to follow the Fair Labor Standards Act when using AI/algorithmic systems in the workplace.
FEDERAL: Equal Employment Opportunity Commission
EEOC's Final Rule on Employer Wellness Programs and Title I of the Americans with Disabilities Act
Issued in 2016
EEOC issues a rule to provide guidance on incentives that employers can offer to employees to participate in wellness programs that ask them to answer disability-related questions or to undergo medical examinations.
with regard to my race, color, sex, religion, or national origin.
FEDERAL
Title VII of the Civil Rights Act
Covers discrimination as a result of the use of AI systems, including for employment decisions
FEDERAL: Equal Employment Opportunity Commission
EEOC Issues Title VII Guidance on Employer Use of AI, Other Algorithmic Decision-Making Tools
Issued 2023
For more information see the ACLU report on this decision: https://www.aclu.org/press-releases/aclu-applauds-eeocs-guidance-for-assessing-automated-systems-used-in-employment-decisions.
FEDERAL: Equal Employment Opportunity Commission
EEOC Highlights How Wearable Technologies May Implicate Employment Discrimination Laws
Issued in 2024
Fact sheet no longer available.
FEDERAL
Electronic Communications Privacy Act of 1986
Prohibits an employer from deliberately intercepting the oral or electronic communications of employees without legitimate business purpose (necessitated law enforcement or relevant statute) or consent by at least one of the parties.
Surveillance must be performed with an electronic device
Eavesdropping does not count
Two party consent states (both parties being recorded must consent to recordings): California, Connecticut, Delaware, Florida, Hawaii, Illinois, Kansas, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Utah, and Washington.
FEDERAL
National Labor Relations Act
Protects nonmanagerial employees who engage in concerted activity over terms and conditions of employment.
Protecting rights to organize, seek better working conditions, and negotiations.
Protected activities include discussing wages, organizing your coworkers, and contacting the media with your story.
FEDERAL
National Labor Relations Act
Protects nonmanagerial employees who engage in concerted activity over terms and conditions of employment.
Protecting rights to organize, seek better working conditions, and negotiations.
FEDERAL: National Labor Relations Board
NLRB General Counsel Seeks Limits On Employer Electronic Surveillance and Automated Management Practices
Issued 2022, Rescinded 2025
Memorandum, not explicit policy
for wages or leave decisions.
FEDERAL
Federal Family and Medical Leave Act (FMLA)
According to the Department of Labor, the use of AI and automated systems could lead to violations "regarding an employee's eligibility or certification for protected leave."
FEDERAL: Department of Labor Wage and Hour Division
DOL Wage and Hour Division issued its Field Assistance Bulletin No. 2024-1
AI use by employers without "responsible human oversight" may lead to Fair Labor Standards Act violations or Family and Medical Leave Act violations.
FEDERAL: Consumer Financial Protection Bureau
CFPB Takes Action to Curb Unchecked Worker Surveillance
Published 2024
Makes explicit the need for employers to follow the Fair Labor Standards Act when using AI/algorithmic systems in the workplace.
in a discriminatory way.
FEDERAL: Equal Employment Opportunity Commission
“The Equal Employment Opportunity Commission (EEOC) has issued guidelines emphasizing that employers are liable for any biases in AI tools they use.”
Released 2024
FEDERAL: Equal Employment Opportunity Commission
“The EEOC AI and Algorithmic Fairness Initiative requires AI tools used for hiring and other employment decisions to comply with federal equal employment opportunity laws.”
Launched 2021
to collect my personal information.
FEDERAL
Fair Credit Reporting Act (FCRA)
Protects against some cases of workplace surveillance that use AI or algorithms in decision processes.*
*According to Consumer Financial Protection Circular 2024-06.
FEDERAL
Occupational Safety and Health Act (OSH) Act
OSHA asserts that workers have the right to refuse dangerous work conditions.
This act, therefore, applies to any surveillance technologies that interfere with safety and health of working conditions.
FEDERAL
Genetic Information Non-Discrimination Act (GINA)
Prohibits genetic discrimination
Applies in cases attempting to obtain genetic information for discriminatory purposes.
FEDERAL
Fair Labor Standards Act (FLSA)
Covers wage concerns.
According to the Department of Labor, the use of AI and automated systems could lead to a violation of the FLSA regarding hours worked, wages owed, or lactation breaks.
FEDERAL
Fair Labor Standards Act (FLSA)
Covers wage concerns.
According to the Department of Labor, the use of AI and automated systems could lead to a violation of the FLSA regarding hours worked, wages owed, or lactation breaks.
FEDERAL
Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act
Puts in place policies that protect the right for nursing mothers to pump in the workplace and the associated breaks needed to engage in this activity.