In recent years, remote work has caused a massive surge in employers using electronic tracking software to monitor the performance of employees. While employers generally have the right to monitor company-provided equipment, there are limits that they shouldn’t exceed. When the tracking stops being about performance and productivity and starts to target specific employees, it crosses the line to workplace harassment.
What employers can monitor?
In Colorado, employers can legally monitor certain activities on company-owned devices, including all files, emails, browsing history and even keystroke logs. Employees might have limited privacy expectations, as the state allows employers to track company property during working hours and monitor any personal accounts accessed through corporate devices or company Wi-Fi networks.
When does tracking become hostile?
When employers overextend their right to monitor productivity and cross the line of professionalism, surveillance can turn into a form of workplace harassment. Monitoring might raise concerns under following conditions:
- Targeted surveillance: Tracking might raise harassment or discrimination concerns when a supervisor singles out a specific employee based on their race, age, gender or disability.
- Digital stalking: Excessive use of webcams or screenshot features might constitute intrusive monitoring when used to monitor a specific employee.
Unwelcome and demeaning monitoring might fall under prohibited harassment. Under Colorado’s Protecting Opportunities and Workers’ Rights (POWR) Act, employees no longer have to prove harassment is “severe or pervasive.” Even a single non-severe incident can constitute unlawful harassment under certain circumstances.
Understanding legal options
Advancements in technology have given employers powerful tools to track workplace activity. However, employees who believe workplace monitoring has crossed the line, have the right to seek justice for digital harassment in their homes. Workers facing these challenges may consult with a legal professional to understand their legal options moving forward.