Text messaging used as a tool for harassers, but it leaves clear evidence of the misconduct
Text messaging is becoming more common as a method of employee harassment in the workplace and a bigger liability concern for employers, according to employment lawyers cited on the American legal website law.com.
U.S. courts are starting to see harassment cases stemming from inappropriate and harassing messages sent by bosses or co-workers to employees on their cellphones. Most common are male bosses who send text messages to female employees, such as requests for dates or sexual favours. The interesting thing about this behaviour, for which the term “textual harassment” has been coined, is that as soon as it’s committed, the victim has evidence for a complaint with the message on their cellphone.
“We’re actually seeing it happening …lawsuits are being filed, where an employee will testify that one of the means they were harassed by someone was through text messages,” Clint Robison, of law firm Hinshaw and Culbertson in Los Angeles, told law.com. “(Text messages) come up in pure harassment claims and wrongful termination lawsuits, where employees are being deposed and saying, ‘Well, I can prove (harassment) because the dinner date invitation from my boss was sent to me late at night.”
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Source: employmentlawtoday.com
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