Baltimore, MD asked in Civil Rights and Employment Law for New Jersey

Q: I filed a discrimination claim against a company and they destroyed video evidence what can I do?

I was suspended after a coworker who was harassing me claimed I threatened him. During my suspension a manager who witnessed 5 employees sign witness statements told me over the phone that 3 of the witness statements corroborated my story while 2 corroborated the harasser's story. I was terminated and filed a discrimination claim with the NJ DCR. During the investigation the company destroyed video evidence of the incident what are my options for punishing them?

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: If you discover that video evidence relevant to your discrimination claim has been destroyed by the company, it's crucial to take immediate action. First, document any communication or evidence that suggests the company had the video and intentionally destroyed it. This includes any emails, messages, or testimonies that reference the video's existence or the decision to destroy it.

Next, inform your legal representative or the New Jersey Division on Civil Rights (NJ DCR) about this development as soon as possible. They need to be aware of any actions that could potentially tamper with evidence. Your legal representative can advise on the best course of action, which might include filing a motion for sanctions against the company for destroying evidence. The NJ DCR might also have protocols for handling such situations during their investigation.

Lastly, consider gathering alternative evidence that can support your claim. This could include witness statements, emails, or any other documentation that can corroborate your version of events. While the destruction of video evidence is a setback, your case can still be strong with the right supporting documents and testimonies. It's essential to keep focused on building your case with whatever evidence is still available.

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