Photographing employees?

Sydney · December 2003

Is it legal for us to take head shots of our employees? The photos wouldn't be used for ID badges but would be placed in an employee's file. We are going to be starting an employee newsletter next year and want to be able to include photos when we write an article about an employee. If it is legal to take photos must we get permission every time we want to use them? If it isn't legal to require the photo, is it legal to keep a photo in their file if we make it voluntary?
Any help you can give would be appreciated,
Sydney

lukkieseven · December 2003

We photograph every employee, volunteer and intern with a polaroid camera. We take 2 pictures. One we put on an Employee Bulletin Board with their name and title. The other in their file. The purpose is for everyone to know who everyone is. Since we have many departments, and 3 different locations, it's hard to remember names. This way, staff can refer to the board if they don't remember a name, but do remember the face. I have never had a complaint. Staff and volunteers really like it. I don't believe it's illegal because this is the policy of our Company. We also take photographs for I.D. badges. Hope this helps.

Sydney · December 2003

>We photograph every employee, volunteer and
>intern with a polaroid camera. We take 2
>pictures. One we put on an Employee Bulletin
>Board with their name and title. The other in
>their file. The purpose is for everyone to know
>who everyone is. Since we have many departments,
>and 3 different locations, it's hard to remember
>names. This way, staff can refer to the board
>if they don't remember a name, but do remember
>the face. I have never had a complaint. Staff
>and volunteers really like it. I don't believe
>it's illegal because this is the policy of our
>Company. We also take photographs for I.D.
>badges. Hope this helps.

Thanks for your quick response. I like the idea of including it in in our policy manual. From the responses to my question I think we should be o.k. Sydney

marc · December 2003

I suspect there are many companies who require ID badges for security purposes. Seems to me that having a valid business reason would suffice.

As far as publishing them, an abundance of caution we say to get the release. One release can be fairly all inclusive if you word it properly. That way they can not come back at you and say they did not know.

Maybe they are in the witness protection program and getting their photo out will cause the hitman to come after them. I know that is highly unlikely, but they may have a reason they do not want their photo in a newsletter. That is OK. My finance manager is extremely shy and will not even allow attention to be drawn to him in staff meetings to announce his 10 year anniversary with the company. This just illustrates that an EE may have a perspective about it that you need to consider. That said, it is probably OK to have the photo in the file.

Have you ever had the auditors come in and distribute paychecks just to make sure the recipient is who they say they are? A photo I.D. would be a useful tool for that process.

Sydney · December 2003

>I suspect there are many companies who require
>ID badges for security purposes. Seems to me
>that having a valid business reason would
>suffice.
>
>As far as publishing them, an abundance of
>caution we say to get the release. One release
>can be fairly all inclusive if you word it
>properly. That way they can not come back at you
>and say they did not know.
>
>Maybe they are in the witness protection program
>and getting their photo out will cause the
>hitman to come after them. I know that is
>highly unlikely, but they may have a reason they
>do not want their photo in a newsletter. That
>is OK. My finance manager is extremely shy and
>will not even allow attention to be drawn to him
>in staff meetings to announce his 10 year
>anniversary with the company. This just
>illustrates that an EE may have a perspective
>about it that you need to consider. That said,
>it is probably OK to have the photo in the file.
>
>Have you ever had the auditors come in and
>distribute paychecks just to make sure the
>recipient is who they say they are? A photo
>I.D. would be a useful tool for that process.

You are right many companies require an I.D. I like the idea of getting the employe to sign a release. From the responses I am getting I feel comfortable moving ahead with the project. I do agree if we want to publish we need to get permission ahead of time. You are right there are many reasons an employee might want to reman out of the limelight.
Thanks for your input,
Sydney

SDDCHR · December 2003

If the picture is strictly for internal identification/use only then it shouldn't be a problem. If you are going to publish the pictures in any type of forum/publication then I would get consent.

Sydney · December 2003

>If the picture is strictly for internal
>identification/use only then it shouldn't be a
>problem. If you are going to publish the
>pictures in any type of forum/publication then I
>would get consent.

Thank you for the input. I agree we need to distinguish how we will use it and act accordingly.
Sydney

Don D · December 2003

[font size="1" color="#FF0000"]LAST EDITED ON 12-10-03 AT 02:56PM (CST)[/font][br][br]Sydney: It is not illegal. I agree with your intentions and hope you will proceed with the idea. I'm really surprised the screamers haven't responded about the EEOC's concern in this area. The EEOC (and some imaginative lawyers) are famous for jumping to odd and strange conclusions on occasion. One of those is that when they find photos of employees in personnel files, they jump way out in left field and assume those photos may cause the employer or his representatives to illegally discriminate against the employee since the photo identifies his/her race. That's all I'll say about that. I recommend you proceed with your plan, explain it up front to all employees, get a release if you think that's best and have a ball with these fun ideas you seem to have that will undoubtedly boost morale. In all my years I have never met an employee who does not like to see his/her face in a company publication or read good things about themselves. We need more thinkers like you and fewer naysayers. x:-)

(edit) P.S. I worked for a state agency for years and one of the things the P.R. Department did was a thing called 'Roving Photographer'. They would show up unannounced, in good fun and snap photos of employees and write articles about people working and have lots of fun with it. Most people shunned the camera and said, "No, Don't take my picture. I hate having my picture taken!!!" But when the monthly rag came out, they were the first to check for their photo and giggle at it. This was a great asset to the publication.

Sydney · December 2003

We have a new president and are looking at quite a few changes going forward. I'm excited about a company newsletter. It's a great way to keep employees informed and it's a good way to recognize employee achievements. I like the idea of a "Roving Photographer".
Thanks for your input and encouragement.
Sydney

Crout · December 2003

Don is correct about the imaginative lawyers out there and the EEOC who may frown on pictures in the files. Our folks must have photo ID's, but we got rid of our old Polaroid and now use a digital camera. After issuing the ID's we store the images electronically on the network, which is secure.

Sydney · December 2003

We would use a digital camera and could store the images on the network. Do you have a policy on photographing employees? Is it necessary to have one?
Thanks Sydney

Parabeagle · December 2003

We keep pictures of employees in their personnel files and, since we have just launched a newsletter, I have spent a lot of time taking photographs of employees doing their jobs for publication. As a courtesy, I always ask if they mind if I publish the picture in the newsletter and so far one has refused and I respected her wishes. I would never run a picture of someone who did not want it published, just as a matter of decency.

Dasher · December 2003

[font size="1" color="#FF0000"]LAST EDITED ON 12-16-03 AT 09:46AM (CST)[/font][br][br]Well, here comes a naysayer to photos of applicants or in personnel files.

I do a newsletter which highlights employees and like Parabeagle always ask permission and explain it will be published. I love fun in the workplace and extra incentives to enjoy our work.

Why not take photos of applicants and put pictures in the personnel file? Because I don't even want to be tempted to try and identify anyone by race or physical appearance when the issue is KSA (knowledge, skills and abilities) during the applicant stage, and ditto during the evaluations and promotions, etc. Too cautious -- maybe -- but I have seen it happen.

Photographing employees?

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