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Can you record work conversations to prove sexual harassment?

Sexual harassment in the workplace can be difficult to prove, as it often occurs when there are only a few people present. Especially when the perpetrator is someone in management who is engaging in quid pro quo harassment, the rest of the team may be completely unaware of the misconduct of one employee toward another.

Unfortunately, the lack of witnesses often turns sexual harassment claims into he-said, she-said scenarios. And even more unfortunately, it can be difficult for a worker to get their employer to take them seriously or to pursue legal action without evidence of harassment on the job. As a result, it is understandable that many workers wonder whether it is permissible to create audio recordings at work to prove that harassment has occurred.

Nevada residents can record some conversations

In many states, conversations have privacy protections that prevent anyone from recording unless all parties involved are aware of the recording and give their consent. The obvious issue with such an approach is that those trying to make a recording for their own protection likely cannot get the evidence they need because the other party won’t give consent or will behave differently when they are aware of someone recording them.

Thankfully, Nevada’s recording laws are quite beneficial for those enduring misconduct. Only one party involved in the conversation has to give consent to the recording. In other words, an individual could use a specialized device or even their phone to record conversations in the office in the hopes that they will catch their boss saying inappropriate things. That evidence would hold up not only in an employment investigation within the business but also in a court of law in many cases.

Evidence is key to sexual harassment claims

For someone to demand financial justice based on the misconduct of another party and how that behavior has impacted their career, there needs to be proof of the bad behavior.

Recording audio evidence is only one means of establishing the misconduct of a manager or other co-worker. There may be other options as well, depending on someone’s work environment and the type of harassment that they experience. Discussing the sexual harassment someone has experienced at work with a legal professional can help them determine what options they may have for fighting back.