Oxford, NY asked in Employment Law and Employment Discrimination for New York

Q: Can you record video at your workplace If you feel like you're being discriminated against in new york

3 Lawyer Answers

A: How would you do that without an employer knowing you are doing so?

Your employer may have to comply with laws regarding minors or disabled persons and privacy. There may also be HIPAA and other laws which could be violated if someone is walking with cane, wheelchair, etc....

You may have trade secrets at work. Best option ask HR. They should be investigating the discrimination anyway. Seek legal counsel before possibly losing your job.

Barry E. Janay agrees with this answer

A: What are the workplace rules re: recording? Typically they prohibit it. There are legal and policy-compliant ways of documenting such harassment and/or discrimination in order to build a case. Consult with a lawyer asap.

See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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Answered

A: You have to weigh the risks vs. the rewards on this one. First off, if you're being discriminated against, you should log or keep memoranda (to yourself in the first instance, if there is a repeat then potentially go to HR, depending on how severe it is of course). Next, some risks you face for recording video in your workplace are outlined in what the other attorney wrote regarding HIPAA / trade secrets, etc. The reward could be that you have virtually indisputable evidence that the harassment / discrimination you are facing is really happening.

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