Understanding Internet-based Sexual Harassment
With the recent media surrounding Arnold Schwarzenegger and his housekeeper employee, we have been getting many calls on the subject and will devote the next few legal articles to explaining some of the more obscure sex/employee laws.
Sexual harassment through Internet-based communication can be broadly divided into two categories. The first includes sexually offensive or humiliating material sent to the victim by the harasser. Such material may be transmitted to the victim via email, electronic chat, electronic messaging, Internet phone, or in the form of comments, pictures or files sent to the victim’s website. The second category includes such material posted by the harasser on a public or restricted online medium. Such material may be put up by the harasser on their website, the victim’s website, or third party sites. Third party sites could be Facebook, Myspace, or Linked for example. It could also be posted on Internet forums, chat rooms, or distributed via email, chat or social networking tools to other people. Twitter comes into mind here.
It is advisable to anyone using official Internet services at the workplace to exercise caution and make use of the computer systems of the employer only for authorized purposes. The employer may not have an explicit policy in place to prohibit employees from viewing pornographic materials at the workplace but most likely they do. However, even in such case if an employee is using the office systems to view sexually objectionable or pornographic material in such a way that it offends the sensibilities of any co-workers, the employee may be accused of sexual harassment. Similarly, if the employee downloads sexually offensive materials from the Internet or prints such materials in a way that it offends a co-worker, it may lead to disciplinary action or a case of sexual harassment against the employee. An employee caught in such a situation should consult a Florida sexual harassment attorney for legal advice.
Advice to Victims of Online Sexual Harassment
An employee who receives sexually offensive material via email from a particular email address may consider setting up an email filter that blocks all email messages sent from that particular email address. This can be the first remedial measure to stop receiving unwanted material through email, while other steps to pursue an action against the offender may be considered. Similar technical blockades can also be installed against an individual on a real-time Internet discussion board.
If the victim is a member of an important website or discussion forum where such sexual harassment may be taking place, it is important to report the offender to the website hosts. Supportive online evidence such as offensive messages or emails should be provided to the hosts in order to have some action taken against the harasser, including banning of the harasser from the website. Facebook for instance can easily do this and they have done this before many times. If the harasser is persistent in such behavior despite warnings and corrective action, the victims may get in touch with a Florida sexual harassment attorney for the protection of their rights under the law.
Advice to Employers to Prevent Online Harassment
Employers can take preventive steps to reduce the chances of online sexual harassment at the workplace. The employer may consider installation of customized software on all computer systems at the workplace that prevents an employee from viewing a sexually objectionable or pornographic website. Such software may also automatically report any such viewing to the systems administrators for prompt action. Any employee who is viewing pictures and materials such as these is wasting company time and even if they are doing it on their lunch break for instance, is certainly violating the organization’s ethical charter and proper rules by an employee. If this is the case, they should be summarily fired. If the company allows this employee to continue these actions or imposes a punishment that is seemingly pathetic, you should consider looking outside the firm for assistance.
Comprehensive email filter systems can be installed on the computers that are programmed to identify any sexually offensive keywords being used on office electronic communication. This can deter potential sexual harassers from abusing the system because there is a fear of getting caught by the system. The employer can issue guidelines to employees advising them how to protect themselves against becoming victims of online sexual harassment.
For questions about this article, please contact:
Alitowski & Moore
707 NE 3rd Avenue Suite 201
Fort Lauderdale FL 33304
954-523-5333
954-523-6938
888-275-2637
888-Ask-Andrew
