Legal Question in Sexual Harassment in California
what is allowed as evidence?
My Superior had repeatedly ask me to have sex with him. I have told my other Manager who I consider my friend about this and told her not to say anything because I want to handle this myself and so she kept quiet. Now the company is currently investigating after I have filed a complaint to the HR Manager. I know it's going to be my word against the harasser. My only strong evidence is the tape recorded encounter with him and it clearly says telling him to stop it. But I was told by my friends that i cannot use that tape as an evidence because it's illegal. Is this true? How can you prove a sexual harassment case when most of the time the harasser is so discreet that he'll say things only when no one could hear? How can I win this case? How about in a civil suit, Can it be presented as an evidence?
2 Answers from Attorneys
Re: what is allowed as evidence?
It sounds like you may have a viable claim. You should retain an expierenced employment law attorney to advise you in the investigation and to determine whether you have a claim for damages. If you would like to discuss the case in more detail, feel free to call me.
Re: what is allowed as evidence?
Taping someone without their knowledge is potentially a criminal act. Such tape could be used under some limited circumstances, but you must be clear on the risks of disclosing such tape. Your friend that you told is your best witness and evidence. There may be other facts and circumstantial evidence available. If interested in pursuing this, contact me. I have specialized in employee rights and such discrimation/harassment cases for years.
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