Workplace sexual harassment comes in two main forms. Those in positions of authority may engage in quid pro quo harassment. They use their authority to try to manipulate others into providing them with sexual favors.
Other times, sexual harassment involves the creation of a hostile work environment. Both types of harassment tend to occur when there are few or no witnesses around. Workers targeted by their teammates or enduring unwanted advances from a supervisor may believe they have no real form of recourse available. After all, the only evidence is their word against the word of the harasser.
Some people, desperate to document the abuse they experience, might consider using their mobile phone to capture audio recordings or video footage proving what they experience on the job. Is doing so a good option for a Florida worker dealing with sexual harassment?
Florida has strict recording laws
While many states allow people to record conversations without notifying the other party, Florida does not. Florida is a two-party consent state. In other words, everyone involved in a conversation or interaction has to be aware of an attempt to record and must give their consent for the recording to be legal.
Those engaging in abusive workplace conduct obviously do not want the other party to capture video or audio recordings of their misconduct. Attempts to a secretively record interactions violate state law and produce evidence that is not useful in a legal case.
There are other ways to document sexual harassment
Workers in Florida have the option of establishing their own records of the harassment they experienced without using recording equipment. Keeping a written record of each incident can help prove what a worker has experienced on the job.
Writing down in detail what happened, who was present and where the incident occurred can help a worker prove the harassment they have experienced. Discussing their experiences with coworkers and trusted friends could also provide corroboration from witnesses that could help if they must take the matter to court later.
If an employer does not properly respond to complaints of sexual harassment, an affected worker may be able to take legal action. Documenting harassment is important for both internal reporting attempts and civil litigation efforts.
