Legal Question in Sexual Harassment in California
work hostility tape recordings work conversations
I want to covertly record conversations at work that are involved around me having to work in a hostile environment. Will that stand up if I got to court? How can I use these taped conversations (mp3 recorder)?
Sometimes I feel like I'm getting ''jack & harassed'' and it effects my work by compromising me. For example it gets in the way of my career goals. I sometimes even think my career might be getting held back by managers or people in management. I think there's an underlying sexual content to the harassment.
I'm just guessing here, but some conservative right-wing Christian people of that background might not like my lifesyle of living communally (liberal). I work with lots of Redneck type gossiping females who say lots of mean, sly, off the cuff comments, and mean eye contacts that bothers me. Though it might be be directed directly at me.
What kind of information do I need to create a case against these people at work? Do I need witnesses who will stand up for me? How can I survive their harassment? Should I buy a video or read a book on the topic?
2 Answers from Attorneys
Re: work hostility tape recordings work conversations
Recording surreptitiously is not helpful as it is not admissible and worse it is a violation of privacy rights. If you are suffering emotional distress you may have a worker's compensation claim. A civil suit would be fact dependent. Call me directly at (619) 222-3504.
Re: work hostility tape recordings work conversations
Please don't tape record private conversations without the other party's permission. It is a criminal offense that could subject you to severe monetary and criminal penalties.
That said, keep a contemporaneous diary of the events and be very specific about names, times, places, and what was said. DO NOT keep it at work. It's not uncommon for things like that to disappear. Take all harassing notes to a safe place.
You should consult your company handbook, if any, and present your complaint to the person listed there or on the personnel bulletin board to conduct a prompt investigation of sexual harassment. If there is no reasonable investigation, that violates the law as well. You should complain to the CA Dept. of Fair Employment and Housing within a year of the last bad act.
If I may be of further assistance, please let me know.
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