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Can someone record a co-worker to prove sexual harassment?

On Behalf of | Aug 27, 2023 | Sexual Harassment At Work

voice recorder on smart phone

Sexual harassment may go on for months before someone has “had enough” to the degree that they decide to fight back. Even after an individual reaches their breaking point, they may have a long way to go before they have the necessary information and evidence to take legal action. After all, they will need proof of what they have experienced if they want their employer to intervene or the courts to agree that the business didn’t adequately protect them from misconduct on the job.

Proper documentation is key for a successful sexual harassment claim against an employer in Florida. Gathering sufficient evidence of the misconduct is of the utmost importance for those who want to convince an employer to intervene or who want to file a claim against the company in civil court. Unfortunately, many instances of sexual harassment occur in private environments. It can be the word of the victim against the claims of the perpetrator in many cases. As a result, it is understandable that many victims wonder whether they can use a mobile phone or other device to record the harassment as it occurs.

Recording without consent may not hold up in court

Florida has relatively thorough privacy rules, and those limits on recording or sharing private moments generally benefit the public. Unfortunately, in scenarios in which one person wants to prove that someone else has done something inappropriate, it can be a bit harder to prove what happens during private moments.

Quid pro sexual harassment is a perfect example. Someone offering career benefits or threatening job-related penalties based on someone else’s agreement to engage in certain conduct will typically do so in private areas rather than in public spaces with lots of witnesses. Although a video recording would be harder for a supervisor to disprove, the worker may put themselves at risk of accusations that they violated the law by recording without permission.

Instead of trying to make a video or audio recording of the harassment in progress, the worker may need to keep a thorough record of each incident by writing down the details. There may also be alternate means of gathering evidence depending on the type of harassment someone endures, their employment arrangements and other factors.

Discussing the harassment that has already occurred with someone familiar with Florida employment law can help workers hoping to pursue a harassment claim put together the documentation they need to take the matter to civil court.