National Shoe Store Finish Line, Inc. May Be Held Accountable for Videotaping by Store Manager of Employee Restroom and Customer Change Room
In another victory for employees and privacy rights, a ruling issued this week against Finish Line, Inc. will further establish employer liability in cases involving illegal videotaping of employees by a store manager. In Antonelli v. Finish Line, Inc., ADRS Case No. 12-5331-JCI, a binding arbitration ruling denied Finish Line, Inc.’s Motion for Summary Judgment on most claims brought by Plaintiff employees, including specific statutory violations, as well as invasion of privacy and infliction of emotional distress.
Finish Line, Inc., an athletic apparel retailer with 660 stores in 47 states, had argued that an employer cannot be held liable for the intentional or criminal conduct of its employees. The arbitrator, Hon. James C. Emerson (Ret.), disagreed, holding that “triable issues of fact” exist as to whether the company “actually induced” or “actually caused” the alleged videotaping. Under the legal doctrine of respondeat superior, employers are traditionally liable for the acts of employees provided those acts were within the scope of their employment.
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