Can You Record A Co-worker To Prove Sexual Harassment?

People hesitate to report sexual harassment; thus, it often goes unpunished. Even those who do may find it hard to convince their employer to take their claim seriously if they speak to management or human resources.

Since the worst workplace misconduct generally occurs when no one else is around, it can be challenging to prove that you have been the victim of sexual harassment. It can be tough for victims of quid pro quo harassment—where a supervisor tries to use their position of authority to request romantic or sexual favors—to show the hardships they have experienced at work. If you or someone you love is facing sexual harassment at work, you should get legal help. 

Can you record anyone to prove sexual harassment?

A successful sexual harassment lawsuit against an employer depends on obtaining the proper documentation. If you want to bring a lawsuit against the business in civil court or encourage your employer to step in, collecting enough proof of the misbehavior is essential. Regretfully, a lot of sexual harassment occurs in private environments. In a lot of cases, it might be the victim’s word against the perpetrator’s statements. It makes sense that many victims are interested in knowing if they can capture the harassment on camera using a smartphone or other device while it is happening.

Without approval, recordings might not be accepted in court.

Every state has its strict privacy laws, and these limitations on sharing or recording personal moments generally serve the public interest. Unfortunately, it might be more challenging to confirm what occurs in private moments in situations when one person looks to establish that another has misbehaved.

Quid pro-sex harassment is a prime example. If someone is going to offer professional benefits or threatens to keep their job due to another individual’s consent to take part in a specific behavior, they typically perform it in a private setting rather than a public one where many others would be observing. 

The employee might have to write down all of the details of each harassment episode in order to keep an accurate record, rather than trying to record the harassment on camera or audio. Depending on the type of harassment a person experiences, their work situation, and other factors, there could be multiple methods to obtain evidence.

Workers who want to bring a harassment claim can gather the necessary paperwork to take the case to civil court by discussing the misconduct that occurred previously with an attorney skilled in Florida employment law.