A Sears’ janitor has been arrested for installing up to 60 hidden cameras in womens’ restrooms and fitting rooms.
Three female employees who learned about the peeping-tom have hired lawyers and are attempting to sue Sears for allegedly “doing nothing” about the situation.
Obviously, videotaping others undressing and using the bathroom is illegal. But the question is whether Sears is on the hook for the illegal actions of its janitor. Usually, companies are not responsible for the criminal actions of their employees unless the criminal actions were taken as part of the employee’s job duties, or that the actions furthered the company’s business.
However, Sears could be sued for failing to supervise the janitor, negligently hiring the janitor, if the janitor had any kind of history of being a peeping-tom that a background-check would have revealed, or failing to fire him, if Sears knew about the filming but did nothing. Time will tell.