Does harassment in the workplace have to be recorded? How can you prove it?

Business 3 views 2 answers
I'm employed in a worldwide known soda company where I've been harassed by some of my co-workers and even sexually harassed by one of the "lead" warehouse associate. I filled a report about the behavior which is against the company policy but supposedly because nobody else wants to testify or affirm, the "so-called" investigation will go nowhere. I've been moved to day shift for a week, and now I have to go back on my regular schedule (night shift) with the same people that harassed me. Not to mention that I am the ONLY woman in the warehouse working night shift... I can't seen any other solution than just resign... Is there anything else I can do even though I didn't record anything? Thanks

Attorney Answers

2
Guy Knoller ·
More information is needed to answer this question. What was the harassment? How often? Are there security video cameras that might have caught the harassment? How many times did you complain? As far as what you can do, you can either file a sexual harassment charge at the US EEOC and/or consult a local attorney.
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Steven Cohn ·
In light of your past experiences, you can request that cameras be installed. In some states you may also have the right to secretly record such harassment , as a speaking offense, so as to preserve it. However, I strongly encourage you to confer with an attorney in your state before doing so, as there may be restrictions there, and this could even be criminal. Next, you could discuss this stress with your doctor and seek a medical accommodation by way of a scheduling change. Also, just because no one will come forward does not mean that no one has done so before you, or that former employees would not speak up. I would recommend that you consult with an employment attorney, who can check the courts or intervene with the company on your behalf to seek a remedy. You may be underestimating the power of your own testimony, while the fact of harassment may be established in court by the credible testimony of just one person. I would advise you to keep notes after each shift to document your experiences and share these with your attorney if the company insists you return. Best of luck.
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