A titillating problem...

tracey · October 2003

This scenario really has me puzzled. Four months ago, we hired a young woman
in a clerical position - a first full time job for her. After she was on the job for about a month, she came to my office bringing two sexually explicit
magazines (believe me, these were leagues beyond your standard Hustler/Playboy),
saying that someone left them in her desk. In response, I sent out a broadcast email reminding everyone of the inappropriateness of such stuff, and I interviewed everyone, male and female: all denied any involvement. Several weeks went by, and again she came to my office with another seedy publication, and this time expressed her anger that I hadn't "done anything about this."
I called an assembly, and brought the matter up publicly, demanding that these
materials remain outside the workplace. But, asking around on my own, nobody
owned up to the deed, nor would they point any fingers. Yesterday, in she came
again (with a video tape, presumably pornish), asking how to file a "formal complaint." I told her to send me an email with the details of her complaint, cc the President and her supervisor, etc. etc. After getting her email, I
concluded that she probably fictionalized this whole thing, bringing her own
props, and waxing toward some kind of lawsuit. My question is: can I install
a surveillance camera to record her comings and goings without her knowledge?
I'd love to catch her in the act of loading her own desk drawers so this can
be diffused, but is there some breach of privacy exposure here? Thanks for
any insight out there....

JM in ATL · October 2003

Before going as far as actually installing the camera, I would have a little mind bending conversation with her.

It definitely seems like she is the victim of her own twisted abuse here and is most certainly looking for a good lawsuit.

In this conversation, I would express my concern for her emotional well-being and tell her the company is going to install a hidden camera towards her desk to catch the harasser. Ask her not to talk to anyone about it, so that nobody knows that the camera is there. I will guarantee you that this will stop immediately. Because if SHE is the only one who knows that the camera is there, then she can't say it stopped b/c the harasser knew of the camera.

If you have an EAP, I would also suggest that you have her call them to discuss these incidents. If you do have one, I am sure you will be able to tell from your utilization reports if she is disturbed enough to actually talk to a professional about her "harassment".

I would also let her know that harassment is grounds for dismissal. Even if she is harassing herself, she has brought sexually explicit material into the workplace where others could have/did see them.

I would definitely put a stop to this immediately!

PAhr · October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 10-01-03 AT 09:21AM (CST)[/font][p]I don't know Tracy. I'm with you on this one. There is nothing illegal about monitoring the workforce, even secretly. As long as you are not placing the cameras in areas where she has a reasonable expectation of privacy such as the restroom. Quite frankly, this can be considered one way to do a thorough investigation into the matter. If she is the one doing these things, you don't want to give her the heads up. She will just look for another way to bring the company down, if that's what she is trying to do. If she is looking for a lawsuit, catch her now and let her go before she causes more trouble. This video would also show, if she is the one placing the material in her desk, misconduct which would preclude her from receiving UC benefits and should stop any lawsuit she may contemplate. Without some type of conclusive proof that she is the harasser she could file a complaint and you would have little to defend yourself with other than your gut feelings on the matter.

I would refrain from even implying that this is a fictional story to this employee. If it did turn out to be true (and video is a perfect way to prove who the harasser is conclusively) she would have a field day with you in court. Picture it.... This poor woman is harassed, the company does nothing to figure out who is doing it and when she pressed the issue you implied she had mental problems? Oh, that just wouldn't look good. I would install the camera and wait to see the fish that is caught.

Shadowfax · October 2003

I would not hesitate to install surveillance and tell no one. There is no expectation of privacy in the common work areas, and surveillance of her desk, and others in the area is not regulated. Whether you are trying to catche her or the 'culprit', such activity is jsutified. Talking with her is ok, but you may end up just making her think you think she is involved, she quits, and brings charges based on what has happend to date with no chance to flush out the perp. I'd just do it.

Don D · October 2003

I would install a camera. In this state she would have no reasonable expectation of privacy at a company owned desk. This should catch the culprit. She can't claim the camera is entrapment of herself since you are trying to catch WHOMever is violating your policy. But, if she is the one doing it, you probably won't catch it on camera since she would only be bringing it in in her purse and heading to your office with the evidence that never was in her desk to begin with.

San Francisco · October 2003

But Don, wouldn't what was not caught on camera - her finding magazines, videos ect in her desk - be just as telling?

Elizabeth

Parabeagle · October 2003

Only problem I see with informing her that you're going to surveil her work area is that if the harassment stops, she can still come back at you on the counts she thinks you didn't act on effectively. So you still may be faced with having to respond to an EEOC charge. Given everything involved and your suspicions, my vote would be for a surveillance camera.

Lola815 · October 2003

I would install the camera also. We actually had a similar situation and the camera was a great help.

Don D · October 2003

Not catching something else on the tape won't really let you conclude anything. On the chance that someone else is doing this and you don't pick it up on the tape....that wouldn't necessarily implicate the complainant. Could just indicate that the perpetrator stopped.

I would not alert her of the surveillance. I would put it in motion as a routine practice of photographing an area to catch a thief, no different. Here's a thought; after you get the camera in place, tell her that if she should find anything in one of her drawers in the future, she is to not touch it but come to you immediately and tell you that it's there so you can see it yourself. If she's guilty, that's about the only way you'll catch her placing it in a drawer.

scottorr · October 2003

I'll agree with Don and Parabeagle on this one. Install the camera and don't tell anyone! You have every right to do so.

Pork · October 2003

In addition, you might be able to catch some finger prints. You should also ask that she clean her desk daily and put everything away and wipe the desk clean with a furniture cleaner/polish. This way she'll be thinking your actions are being oriented toward fingerprinting in order to catch the person and not on camera.

PORK

WT · October 2003

You have already taken action by trying to find out who is guilty. Now, BE CAREFUL, individuals who lose suits for harassment and other issues are winning on retaliation. Thus, if you take action that can be considered in any light to be an adverse employment action taken against her because she had complained, you would be a target for the lawsuit you dread. The employee could win there while there is very little evidence on her current issue. So far, you are the good guy so stay in that position.

Rather, bring her in and ask for her suggestions on how the culprit can be apprehended. Ask about security issues. Does she keep her desk locked. Give her some disposable plastic gloves and tell her to use them if anything else shows up in her desk. Offer to have the offending item checked for finger prints (if she uses gloves, obviously her prints could not be on the item). Offer to install a hidden camera. If she has internet access, have your IT department check on what sites she visits on a regular basis (you need to do this on a confidential basis). If she is visiting any porn sites, put that in your pocket in case a suit is filed. It would tend to discredit her testimony.

Good luck.

mwild31 · October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 10-01-03 AT 11:44AM (CST)[/font][p]You know, in Washington State, you can have surveillance cameras installed - however, they can't record sound. Just double check with your attorney before proceeding.

Also, since she keeps coming in and upping the ante about what you are doing, meet with her & tell her everything you have done in the form of an investigation. Work with her on who she may think is involved or why it's happening to her. When you lay it on the table with her, she can't use the defense that your company did not act.

Also, as much as folks say not to tell her about the cameras, in this case, I probably would. When I was meeting with her about what actions have been taken & getting her input, I would let her know that the company is just as distressed by this situation as she is and WILL be installing surveillance cameras in the hopes of catching the culprit. If she balks at the idea, or somehow these situations move from her desk to her car, in her lunchbox, etc., then call a higher level meeting that includes a couple of managers/executives and see if there are any other remedies that can be addressed. I believe that once an employee knows how 'important' their allegations are because of the companies proactive approach, the employee will either quickly realize that your company is no pushover, and will soon leave to find her next 'victim', or if she doesn't get it, then you've got all the documentation on your side. Good luck.

PAhr · October 2003

[font size="1" color="#FF0000"]LAST EDITED ON 10-01-03 AT 01:15PM (CST)[/font][p]I think some of these are great suggestions but only if this HR person has nothing better to do than run after this employee every time she cries foul. You need to look at the ultimate goal you want to achieve; catch whoever is doing this. Whether it be this employee or someone else, you want that person gone with evidence when possible. Giving ANY employee advanced notice of a camera will defeat it's intended purpose and only make the culprit resort to sneekier methods. I agree with calling this employee in and asking for her input on who may be doing this but that is the extent. As Don said, tell the employee from this day forward any material found in her desk must not be touched and she is to immediately notify HR so they can see exactly where the material is being placed. At least if you make it clear that you want to see the material in the desk, if she is the one doing it, it will be caught on tape. Then handle the matter accordingly. BTW, try to set the camera from the rear of the desk at an angle where the camera will see all the drawers even while someone is seated. From above would probably work best if it's possible. When she is out of the office try putting the camera in different locations to see which gives you the best view and try to get the camera's focus close enough to actually see what is being placed in the desk. That would be sweet if you could get it right on camera her placing "Bondage Queen" in her own desk.

mwild31 · October 2003

Hi PAhr - we don't really disagree - I think they need to find out who's the culprit, I just wouldn't do it in secret. In our company, we state in our vision statement that we will treat all employees with dignity & respect. That being said, I would disclose the camera. I understand this is not the action others would take, but I think it's another view of this situation worth considering.

PAhr · October 2003

All employees should be treated with dignity and respect but never to the detriment of the company, an investigation or another employee. There are two situations here. Either this employee is being harassed or she is the harasser. If she's the victim it could escalate to a physical attack (worst scenario). This employee could receive more videos and magazines. Then, when the person still isn't found he could attack her. The poster could easily figure out who is the one behind all of this or at least say they made honest efforts to protect her by placing the camera secretly. The situation is two fold because if the woman is setting up the company, the secret video could go a long way if this turned into a lawsuit if not completely eliminating any claim she might try to bring. The companys' cost would be significantly reduced in either situation by simply placing the camera because it shows that the company took steps to protect this woman. I would not want to sit around and do nothing and then two years later tell a jury that I could have done more but chose not to because I wanted to treat everyone with respect and dignity. To me that equates to saying that the company didn't take this situation seriously which equals allowance of the harassment to continue.

marc · October 2003

I know you said this was the person's first full time job, but I wonder what kind of background check you did? If she is as devious as you suspect, this may not be her first attempt at this kind of set-up. People usually do not think of this kind of thing out of the blue. Is this really her first employment? Perhaps you should consider a more in-depth investigation. An outside PI, brought in to investigate the incidents, might look at this ee more in depth. I think the cameras are a good idea, but may have some larger ramifications in your workforce - you know, the whole big brother thing. It is clear, that you must do something - this one feels like it is not done yet and may still have a large bite.

Leslie · October 2003

You've received some great advice. Privately check her computer. Layout what you've done. Tell her not to touch anything else she finds. Privately install the camera. Afterwards it can become common knowledge. We have cameras everywhere and use them all the time. It's amazing what people do even when they know the cameras are there!

SMace · October 2003

Did she tell you how long the tape was in her possession? For example, I just found this tape on my desk. Ask her what's on it (with a witness). If she knows and can't explain how/where she watched it, maybe you can catch her in a lie and she'll just go on to easier prey. I realize it's a shot in the dark, but stranger things have worked before.

Rockie · October 2003

I'd also install the camera. The #1 aim is to get to the bottom of the problem and who is planting the magazines and the tapes. If you tell her you are going to install the camera and the stuff stops popping up on her desk, you will never know if she planted the stuff or not. If she did it, and stops, you will still have her employed only to come up with something else later on. If she indeed is the target of some sicko, then you will find out who this is and get rid of the problem.

I would not even remotely infer that she might be planting the evidence. Let the film speak for itself.

Pork · October 2003

TRACEY: we use surveilence all the time and move the cameras constantly. The ee has no "reasonable expectation of privacy" on our work site, drive ways, or parking lots. The lady's and men's shower rooms are NOT surveyed for the reasons state previously for there is a reasonable expectation of PRIVACY showers. We use scotch tape and personal observation and inventory of the targetted area,SCOTCH TAPE allows you to determine a near time of distur. The personal survey and inventory assist one in the determination that has been removed and/or something has been added. The scotch tape helps one to determine true time elements which most like associated with the movement of evidence. A written log of when you placed the hidden scotch tape and when you check the scotch tape is something positive you can do to catch the person.

PORK

Don D · October 2003

Don't interpret my re-post as shouting that I'm right. An investigative body of no sort would (hold on, Barney would) tip their hand by telling anyone how the investigation would proceed. Barney always did that, then Andy would stumble in and save the day, the bank, the gold shipment, whatever. By advising her, you immediately destroy exactly one-half of the potential for solving your mystery. It's either her or it's someone else. She is 1/2 of the potential. Installation of, or the repositioning of a discreet video camera is everyday activity in thousands of businesses.

The intention is to capture on video whatever is occuring, no matter who or what is doing what. there's no harassment or accusation in that. If she IS doing it herself, which by the way is not your conclusion or my own, the only way to capture that is with the instruction for her to leave the material untouched. If she is psychotic and is intent on playing out this novel to its fullest, she will take that as a challenge and rush headlong toward it, waiting probably no more than three days before telling you, "Look, come see, here it is again".

If she is not remotely involved, other than as a victim, if this continues, your camera will surely catch the culprit. If it does not continue, your liability shrinks to nothingness. There should never be more than two people involved in the decision to place or move a camera; the decision maker and the technician who does it. In this case I would not even have my in-house staff do it. I would pay a vendor technician to do it. No matter which of the possible scenarios plays out in this thing, the money you will have spent on professional installation will have been well spent.

Lola815 · October 2003

see, we can learn something from t.v. x;-)

Balloonman · October 2003

Okay I have been there and done that. Worked as part of the asset protection department for a large retailer. MWild, sorry you are wrong. Never ever announce you are placing a surveillance camera.
Lots of good advice. Contract with a security company to set the camera, you may even be able to place the recorder in your office with todays remote technology. Tell no one other than your boss................have them come in after hours.....place the camera, then like Don said? tell her to come get you next time something shows up, not to touch it etc. He is right if it is her this will result in a new "discovery" within a couple of days.
Hey also when your done, if the porn is any good you can send it to me for disposal.
;-)
My $0.02 worth.
DJ The Balloonman

mwild31 · October 2003

DJ - don't apologize - differing opinions on this particular topic is all. x:-)

Rob S · October 2003

I will add one more bit to this very thorough post. If you tell her about the cameras, and she is the culprit, then the items will start showing up on her car or somewhere else that the camera can not see.

Like many others have already said, keep it as quiet as possible. I have been through things like this before, and it is very hard to keep things like this a secret.

Good luck, and keep us posted on this.

Rob

tracey · October 2003

Thanks to all of you for so much feedback! I did contact a local
security firm about pricing on video equipment - we're a small
company (60 employees), and the President was a bit edgy about
the cost, but I pressed him to contact our attorney, who is
wildly in favor of clandestine surveillance, and spent some
time on this website reading your comments! So we will
go forward with the camera and see what happens. On a gut level,
I strongly think we need not look beyond this employee's
desk for the "perp," but I've been wrong before. Interestingly enough,
she was in my office fifteen minutes ago complaining that a toilet seat
was left "up" in the ladies' room!!!! Yikes!!!! Thanks again, all, I'll let you know how this goes.

Whatever · October 2003

If you are not doing it now, start keeping a list of all her complaints. Yikes may turn out to be an understatement.

Christine M · October 2003

Just to add my two cents--

I would not see it as unlikely that a "young girl at her first job" might view it that you had done nothing if there were repeat occurrences of an event which was offensive to her. She may lack the maturity which would help her to perceive that your efforts so far are doing something. I do applaud the camera as a next step.

Young people often have a strong sense of their personal "rights" and can be aggressive in going after those rights (having three young adult children, I know from whence I speak).

Placing the camera secretly, telling her not to touch things on her desk are great actions that do not draw a conclusion in advance. Let the evidence speak for itself.

E Wart · October 2003

I agree with a lot of the others (Such as Balloonman, Don and Pork.)
I would make sure you have her entire story... like which drawer did she find the items or were they on top of her desk, etc. Exactly when was the first time she saw them, etc. (I am sure you have all this already.) I would also ask her to come get you immediately upon finding anything out of the order at her workstation (and don't touch it.) This make give you some leads (where it is located, how it is placed) as well as fingerprints. Also, provide her with keys to lock her drawers if this is where it is being placed.
I would handle this as "You are trying to stop it, no matter who it is". Install the cameras or recording devices (and make sure it is done after hours and no one knows about it.) Make sure you are not "earmarking" anyone, but just trying to discover who is doing it.
I would also talk with your IT person and ask him to check/monitor ALL PC access for any unusual or porn activity. (Don't say anthing about any one person or dept.) and let you know if anything is suspicious.
If someone is doing this (whether it be this employee, another employee or a vendor or guest) it will show up.
Also helpful if you have some type of lists of when people are in the office (like individual access codes for key entry if after hours.)
One caution is that some video cameras reuse the same tape after a period of time. Make sure that it is long enough that you could check it without it being wiped out. (Happened to me once.) Also, helpful if the camera records date and time.
You are on the right track. Just don't earmark this investigation toward any one person, but toward the "event/actions".
Good Luck
E Wart

tracey · October 2003

Thanks, Ewart. All great advice. I am pretty comfortable that
my bases are covered in the fact-gathering department, but this
is really a brand new adventure in HR for me, and boy, am I learning!!!

Tracey

A titillating problem...

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