Employee Photos

kim_cc · December 2002

Our company wants to start keeping a library of employee photos. These would be used when the Management Committee is deciding on raises, reprimands, etc., because a lot of them don't know employees by name, but by face. Has anyone had problems with this area, such as employees suing for privacy violations?

Don D · December 2002

[font size="1" color="#FF0000"]LAST EDITED ON 12-27-02 AT 11:58AM (CST)[/font][p]I don't know about the privacy issue; but, I would have a real problem with someone having to use my photo to prompt them to recall who I might be (rather than knowledge of my performance and behavior) to weigh in on my discipline or raises. I see more danger inherent in having to explain how somebody should be involved in discipline or rewards based solely on using a lineup of photos upon which to base an objective opinion. Imagine sitting on the stand or at a hearing table, explaining how you based a discipline decision, or decision to grant a low increase, on your recollection of an employee after somebody showed you his photo. The risks you run are reflections such as, "Oh yeah, I remember her, that attractive blonde over in receiving", or "Sure, that's the guy I remember. I always thought he smirked like he had an attitude." or "Hmmm, yeah, the black guy back in housekeeping, I'll go with a 1.5% increase." or "Oh, so this is who we are discussing. I don't know jack about his performance, but I'll go along with a strong reprimand....earring, cocky appearance, we don't need any of that around here!" No good can come of your 'photo album' procedure!

kim_cc · December 2002

Thanks, Don D, you bring up some good points. I have my reservations about doing this, but can't find any information to back me up. Our attorney sent 3 pages of writing, but didn't commit one way or the other as to whether we should or should not do this. Your points will help me a lot!

Don D · December 2002

Our >attorney sent 3 pages of writing, but didn't commit one way or the
>other as to whether we should or should not do this.

Regarding the 3 pages from your attorney with NO RECOMMENDATION on such a practice, I will be interested to read what Forum user attorneys will say about that nonfeasance. Several things come to mind, though. Among them; an attorney with no advice or recommendation or counsel is indeed of very little value to a customer/client; and, if I'm paying an attorney to review our practices or suggestions, and he sends me three pages of drivel with no recommendation, opinion or advice, I would feel free to line through that item on his subsequent bill. I also think the only thing the company can do that's worse than adopting this practice is to assume it must be OK since the attorney didn't voice an opinion to the contrary.

kim_cc · December 2002

Well, the attorney basically said we COULD do this, providing we took some precautions and it was dependant on what we were using the photos for. He also outlined some cases where photos falling into the wrong hands could be cause for lawsuits. I can see where keeping employee photos in the personnel files wouldn't be a problem, but I don't think I will have much control over these photos if they are going to be used for other purposes, such as discipline and performance issues!

Karla Shugart · December 2002

This is my first time posting to the forum (just registered) and thought I might be able to provide a different perspective.

I was an officer in the Air Force and photos were mandatory in our personnel files - the one kept at our own base and the "official" one kept at Randolph AFB, TX. The photos (head and shoulder shot and full length) were the first items seen when the file was opened.

The official reason for the photo was to allow promotion board members to verify that the officer could correctly place all of the accoutrements on the uniform and were within the clothing and appearance (hair style, hair color, mustache and/or make-up, etc.) regulations. Of course, hair was cut and mustaches trimmed the day before the official photo was taken. The real pupose for which the photos were used was to see if the officer projected the appropriate military image.

Regardless of the stated reason for photos in personnel files, I think the assumption and, eventfully, the allegation will be made that the photo was used for discriminatory purposes. If there is a legitimate, non-discriminatory business need for photos (ID cards maybe), they should be kept separately from the personnel records.

That's my two-cents worth

Karla Shugart

Mike Maslanka · December 2002

First,I agree with Karla. Here is a basic rule of human natrue:we all---including me---think we are better people than we really are. So,the brass at your company no doubt think that a photo would not influence them.Wrong. The tendancy is to like people like ourselves and a photo only plays to that inborn prejudice.Better to have employees give input in wiriting as to what they think there raise should be,or set up criteria for the brass on how raises should be meted out.That's my advice and I did not need three pages of "blah,blah,blah" to tell you and you did not need a bill for God knows how much to educate you on the obvious. Tell your lawyers their work must change,you pay for their advice and for them to be a trusted advisor,and if they can't do it then fire them.Yes,fire them.They work for you,not the other way around. Best,Mike Maslanka

Employee Photos

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