Three former employees of an Indianapolis surgery center are accusing the center and its physician-owners of illicitly filming them via hidden camera in a room used for changing and then retaliating when they expressed opposition to the surveillance.
In a lawsuit filed against Perkins Van Natta Plastic Surgery and Meridian Plastic Surgery Center last month, former ASC employees Carly Playford, Patricia Thatcher and Brooke Snodgrass claim that they all used a room in the facility to change clothes before working out or using the facility's tanning salon, but were never informed by the center's physician-owners or Administrator Frank Bowles that concealed video surveillance cameras had been installed in that room. Similar claims have been made against the surgery center in a previous lawsuit — still currently in litigation — filed by Pam Sanders, who used the facility for her spray tanning business and says she was never informed of the hidden cameras.
The 3 plaintiffs in this suit — Ms. Playford (hired in August 2008 as a certified personnel trainer), Ms. Thatcher (hired in October 2008 as aesthetics director) and Ms. Snodgrass (hired in December 2008 as a part-time employee) — say one of their coworkers was the first to accuse Mr. Bowles and Perkins Van Atta Plastic Surgery of engaging in "surreptitious surveillance of females in various states of undress," according to court documents. Her complaints were denied, and the plaintiffs say the center "sought to retaliate against" her, eventually terminating her employment.
When Ms. Thatcher also raised concerns about the alleged surveillance, the doctors first "denied there was any camera in the room," but Mr. Bowles later confirmed "that there was in fact a video surveillance camera in the room," the suit states. When she continued to express concerns about the cameras and her employers' denial of their existence, Ms. Thatcher was ultimately terminated, the suit claims. Soon after, Ms. Snodgrass, who had been hired "at the behest of Ms. Thatcher," stopped being scheduled for work at the center. Ms. Playford is also no longer employed by the center; "we think that was due to expressing opposition [to the cameras] as well," says attorney James Masur of Robert W. York & Associates, who's representing the plaintiffs.
The former employees say they have suffered "loss of income, loss of front pay, emotional distress" and have "incurred attorney fees in conjunction with [the defendants'] unlawful and wrong conduct," and they are seeking judgment and relief from the court.
Attorney Edward Hollis of Baker & Daniels, who is representing Perkins Van Natta Plastic Surgery, says his general policy is not to comment on ongoing litigation unless authorized by his clients, but "the company will be filing a response to the lawsuit and will deny the plaintiffs' claims." The defendants have also requested that the case be moved to U.S. District Court for the Southern District of Indiana, as it concerns "claims that arise under Title VII of the Civil Rights Act of 1964."