![]() ![]() The District Court ruled that the chiropractor had, indeed, subjected the receptionist to unwelcome sexual harassment that was “sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment.” It also ruled that the receptionist suffered a constructive discharge. ![]() The employee complained to the clinic administrator, after which she quit her job. Chiropractic Strategies Group, a receptionist at a chiropractic clinic complained that her supervisor, a doctor at the clinic, exposed her to a hostile work environment by sending her sexually explicit text messages and subjecting her to repeated attempts at physical contact. ![]() This discovery led to summary judgment for the employer. The employer, however, was able to produce text messages that the employee had sent to coworkers in which she forwarded the images and stated that she did not find them offensive. She claimed that the texts, which contained inappropriate images of cartoon characters, were offensive and degrading. Cellular Corp., an employee sued her employer for sexual harassment based on a text message she received from her supervisor. The permanent nature of an electronic record can, however, sometimes work in the employer’s favor. Third, text messages leave behind an electronic record, making them easily traceable, which creates a growing source of liability for employers as workplace texting continues to proliferate. A supervisor who might never call an employee or send an e-mail late at night or after a few drinks might send an inappropriate text message. Second, employees sometimes send text messages that they would not say in a face-to-face conversation or even e-mail, such as texting lewd photographs and requests for inappropriate favors. First of all, it is more difficult for the employer to discover the problem unless someone complains, as opposed to harassing words or actions that can be observed by supervisors or other employees. So-called “textual harassment” can be more challenging for employers than other methods of harassment. Text messaging can lead to serious employment issues, including discrimination, harassment, and retaliation claims.Įmployers increasingly are facing situations where employees send inappropriate messages to each other via text. The new challenge is to develop and implement policies that address text messaging in the workplace. Employers in the restaurant industry are by no means immune from the need to do so as well. In the last decade, many employers have updated their discrimination, harassment, and retaliation policies to cover issues involving e-mail. ![]()
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