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Is it sexual harassment? Let's go to the video

February 2020 employment law letter
Authors: 
Mathew A. Goodin, Seyfarth Shaw

Evaluating sexual harassment claims almost always requires weighing conflicting evidence and making credibility determinations. In such situations, whoever is evaluating the claim—whether a court or an HR manager—must thoroughly examine all relevant evidence to determine whether the allegedly harassing conduct occurred and whether the conduct constitutes actual harassment because of sex or something else. Those determinations are a lot easier when, as in this case, video footage of the alleged conduct is available.

Employees allege harassment during security screenings

Tamika Schmidt, a judicial secretary, and Danielle Penny, a court program supervisor, worked in the Hall of Justice for Ventura Superior Court. Ventura County retained a private company for security at the hall. All court employees had to pass through a security screening when they entered the building. Employees went through the same screening as the public, but in a different line. All security screenings were in public and on video.

During screenings, people put belongings on a conveyor belt feeding into an X-ray machine. Guards looked for prohibited items like guns, knives, scissors, and brass knuckles. After putting items on the belt, entrants walked through a metal detector archway that beeped when it detected metal. Different levels of lights on the edge of the archway would light up to show where metal might be. For example, a shoe-level light showed if there was metal at the shoe level, and so forth.

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