People who are experiencing sexual harassment in the workplace often have a lot of questions about their rights. For example, employees often have a hard time establishing whether they experienced actual harassment that might justify taking legal action.
Even when workers readily acknowledge that a situation might make them eligible for a sexual harassment lawsuit, they may still have a hard time proving their case. Someone who experiences workplace sexual harassment needs enough evidence to convince their employer, the Equal Employment Opportunity Commission (EEOC) and/or the civil courts of what has transpired in their work environment.
Can a mobile phone help a worker facing harassment in Ohio prove their case and take legal action against an employer?
Recording laws are favorable in Ohio
In theory, mobile phones can be an excellent source of evidence. People can capture audio recordings, still images and video footage of their interactions with others to prove their side of the story. Such evidence is more authoritative than witness testimony.
However, many states limit the ability to record conversations and interactions with others by requiring the consent of everyone involved. Obviously, if someone experiencing workplace sexual harassment asks the manager harassing them if they can record a video, the abusive party can either deny permission or change their behavior when they know the other party intends to record.
Thankfully, Ohio is a one-party consent state. Conversation has to give permission for a recording to be lawful. Therefore, if a person experiencing workplace abuse decides to record their interactions with others, they can potentially do so without violating Ohio state law.
Using a mobile device to capture video footage of touching by a supervisor or conversations that lead to quid pro quo propositions could help someone conclusively establish that they have experienced sexual harassment in the workplace. Of course, not all work environments lend themselves to such recordings, which means that employees may need to have other strategies in place for their protection.
Learning more about how to gather evidence of workplace sexual harassment can help people develop their claims so that they can demand accountability from individual perpetrators and/or companies that failed to take proper action. Workers who understand Ohio regulations may have an easier time gathering evidence and recognizing when harassment has violated their rights.