Most people know that sexual harassment is illegal, but they don’t necessarily know how to protect themselves when they actually experience it. One of the hardest parts of addressing sexual harassment is convincing people what has happened.
Many sexual harassment cases are he said, she said scenarios. The only evidence readily available is the testimony of the person experiencing the harassment and the person or people harassing them. The most inappropriate conduct typically occurs in private between two people or a small number of people. There may not be any uninvolved witnesses.
To pursue a sexual harassment lawsuit against an employer, the person experiencing workplace misconduct means strong evidence affirming their allegations. Many people facing workplace sexual harassment have a hard time proving what they have experienced in a way that the courts recognize. The rise of mobile technology has made it easier than ever before for people in certain jurisdictions to gather authoritative evidence of sexual harassment.
New York is a one-party consent state
A mobile phone is a powerful tool, but not everyone can use theirs to prove harassment occurred. Every state has a slightly different set of rules regarding when it is legal to record others. Wiretapping and privacy laws limit when and how people make audio or video recordings of others.
New York has a relatively permissive law about recording. It is a one-party consent state. Only one party involved in a conversation or interaction has to give their consent to the recording. Therefore, someone who has experienced quid pro quo harassment or co-workers creating a hostile work environment can use their phone to record audio evidence or video footage of what they experience.
They don’t have to worry about those recordings violating the law and putting them at risk of prosecution. They can use that evidence during court proceedings if necessary. There are other options for documenting harassment in the workplace, including keeping journals that detail each incident.
A lawyer can give someone insight into the best ways to gather evidence of different types of sexual harassment. Sufficient proof of misconduct is crucial when pursuing a lawsuit related to workplace sexual harassment. Those who know the limits on using phones to record can potentially protect themselves from the misconduct of their coworkers more effectively.