Can an employer require employee’s photos be used in promotional material or their website?

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Can an employer require employee’s photos be used in promotional material or their website?

Should any type of release be required? Can one object on privacy issues?

Asked on December 23, 2011 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

1) Yes, an employer can require that employee photos be used on website, in promotional materials, etc.--this can be a term or condition of employment.

2) The employees should sign a release giving the employer to right to do this and waiving an claims or liabilty resulting from the use.

3) Employees may "object" in the sense that they can refuse to do this--and the employer may then terminate them for so doing.


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