"This Call Is Being Recorded": Secret Workplace Recordings

Executive Summary: Increasingly, stories are appearing in the news about employees who have secretly recorded their colleagues and supervisors at work. It may come as a surprise that such recordings may be completely legal. The ease with which secret recordings can be made presents multiple considerations for employers.

Overview: Gone are the days of bulky recording devices and wires. Anyone with a cell phone can easily start a recording, slip the phone in a pocket, and walk into a meeting. Recently, an employee at the Federal Housing Agency recorded her supervisor discussing his attraction to her and suggesting that he could fast-track a promotion for her. The employee brought claims for harassment, retaliation and equal pay to the EEOC and confirmed in a subsequent interview that she has continued to make recordings at work.