Electronic Harassment
Online harassment may take several forms:
Sexting ? or sending sexually explicit images via mobile devices such as smartphones and tablets is pretty easy to recognize as a form of harassment.
Textual harassment ? involving sending sexually explicit, intimidating, or harassing text message is similarly easy to recognize.
Virtual harassment ? is when you send harassing messages via social media sites, such as Facebook or Twitter. Again, harassment is pretty clear-cut.
When these forms of harassment occur between employees, especially when the one sending the electronic harassment is a superior, the electronic communication creates a hostile work environment, even when the messages are not sent during work hours, not received by the victim during work hours, or when the harasser uses his/ her own electronic devices to send the messages.
And, sometimes the parties might not even agree that a message represents harassment. For instance, my gym sent out a series of e-newsletters dealing with private sexual matters. I found this totally inappropriate from my gym, who I expect to send me information on diet and exercise, not sexual health. If something like this happened at work, I would have mentioned to my supervisor that these messages were inappropriate. As they came from my gym, I simply unsubscribed to the newsletter.
Cyberstalking is a particularly slippery slope
Other forms of electronic harassment are pretty clear-cut.
But, cyberstalking is a little difficult to define clearly. While it may seem innocent to simply follow the exploits of a co-worker through Facebook, their blog, Twitter, and other social networks others might find it a little creepy.
You might argue privacy controls protect unwanted interactions and should eliminate cyberstalking. But, privacy controls are notoriously leaky. A friend from work might innocently share your recent pictures from Facebook and your stalker finds them through friendship with the trusted co-worker.
Certainly, many of these interactions might be invisible ? hidden in the click-throughs ? and others might be welcome, while still others might be less appropriate. For example, imagine the guy from work who asked you out several times begins mentioning that he liked the dress you wore in an Instagram picture or that he would have been happy to go with you on a recent visit to the park. CREEPY.
What can you (the employer) do about cyberstalking and other forms of harassment?
The law defines a hostile work environment based on how it makes the victim FEEL rather than whether the that was the intention of the actions. Once the employer becomes aware that an employee feels the work environment is hostile, the employer must investigate the allegations and take appropriate action or face the legal and financial consequences.
Here?s a strategy to ensure you NEVER get embroiled in a harassment lawsuit:
- Have a clear social media policy that clearly defines actions that create a hostile work environment and penalties for failure to maintain a healthy workplace. Be sure employees understand this policy applies outside of the workplace.
- Make sure employees, especially supervisory employees understand the social media policy you established.
- Clearly define actions for supervisors who hear reports of harassment.
- Take all reports of cyberstalking and other electronic harassment seriously. Remember, the law doesn?t require that you agree the actions create a hostile work environment.
- Ensure fair and equitable application of censures allowed under your social media policy.
- Periodically review your social media policy to ensure it meets current legal standards.
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