Free Initial Consultations Are Available Now

  1. Home
  2.  → 
  3. Employment Law
  4.  → Can those dealing with sexual harassment use phones to get proof?

Can those dealing with sexual harassment use phones to get proof?

Sexual harassment can leave someone feeling unsafe on the job and at risk of demotions or terminations intended as retaliation rather than as a reflection of someone’s job performance or professional prowess. Unfortunately, sexual harassment can be very difficult for workers to conclusively prove, as this kind of conduct may occur behind closed doors with only them and one other party present.

Those seeking to hold an employer responsible for allowing harassment in the workplace will need proof of what they have experienced on the job if they hope to take legal action.  People often default to using their phones to gather evidence, as their ubiquitous presence has made it easier than ever to capture and share the misconduct of others. As a result, many people understandably wonder whether it is possible to use a mobile phone or similar device to create audio or video recordings to prove the harassment someone has experienced.

Missouri recording laws

People do generally have a right to an expectation of privacy in certain circumstances, and recording or wiretapping laws reflect that reasonable expectation of privacy. In Missouri, the state requires the consent of one party for a recording to be lawful. During a phone call or private interaction, if one of the parties involved has agreed to a recording, then the audio or video captured as a result may be legal and potentially useful as evidence later. Of course, there are still scenarios in which employment contracts or other privacy rules may apply to the situation and make recording more of a legal gray area.

Those hoping to establish reasonable evidence of the harassment that they have experienced often want objective proof, such as audio and video files capturing the misconduct. Journals can also be useful for those who aren’t in a position to make recordings at work for one reason or another.

Generally, those hoping to make a claim of sexual harassment need proof of what transpired in the workplace and also documentation of their attempts to resolve the matter through appropriate channels at the company whenever possible. Learning more about relevant state laws may help those hoping to pursue a sexual harassment claim take the necessary steps to build their case. Seeking legal guidance can also be helpful, especially when an individual is taking on a powerful employer or has concerns about the quality of evidence they’ve been able to gather (or lack thereof).