Love, Technology, and Work

As Valentine’s Day approaches, we are encouraged by florists and other vendors to purchase merchandise in order to communicate our love and affection. They are no doubt disappointed that more and more Americans are using text messages to accomplish the task. Indeed, “Texting has become a necessary dating skill,” according to Nicole Beland, a features editor at Women’s Health magazine. In a 2008 survey by AT&T, 67% of the respondents said they flirted via text, and 68% sent love notes. “Some women say they have had entire relationships that started, flourished and finally extinguished via text,” said Amanda Pressner in USA Today. Because newlaunches.com reported that Americans send approximately four billion text messages daily, one must suspect that much of those flirtatious texts are sent while at work. 

According to ehow.com, “Technology has made communication more convenient by creating more ways to communicate.” True; however, technology also provides employees with more ways to fulfill their need for love while at work. For example, USA Today reported that an employee at a software company admitted that when he first got romantically involved with a co-worker, “We would instant message probably about half the day.” In addition to the misuse of company time and (possibly) resources, employees who send amorous messages via technology put themselves and their employers at risk of a sexual harassment claim.

In her article, “The ‘New’ Sexual Harassment,” Kiri Blakely said that, “Much of the problem is that newer technology --e-mail, IM, texting or posting on social-networking sites -- makes it much easier for comments to be misconstrued on many levels.” For example, “If you admire an employee’s new haircut while she is in your office, she can read your tone and body language; and you can read hers. However, a late-night text message admiring your employee’s new haircut can take on a lascivious tone, even if that is not the intention.”

Misunderstandings aside, lots of people are using technology to overtly express their desires for another. One example, reported by the Miami Herald, is of a former Fort Lauderdale Hooters waitress who is suing the restaurant, claiming that a manager sent her explicit text messages and photos, a practice known as “sexting.” Another example, reported by attorney Jay Zweig, is the case of two employees in a personal relationship who are being sued for creating a hostile work environment through their public displays of affection and explicit emails determining where they could rendezvous.  
As text messaging has become more prevalent, so has a practice known as “textual harassment,” in which senders use text messages to antagonize recipients. Indeed, a study by the U.S. Justice Department found that 23% of stalking or harassment victims were cyber-stalked through email or texting.

How does an employee’s sexting, textual harassment, and cyber-stalking impact an employer? Employers are responsible for providing a harassment-free environment; therefore, if this behavior takes place at work (and sometimes even outside of work), an employer could be liable. While many employers have a policy in place prohibiting harassment in the workplace, that policy usually doesn’t include technology, and it should. Additionally, employers should regularly remind employees of their policy prohibiting sexual harassment, specifically mentioning all forms of technological communication.

Employees should know that, in addition to messages sent via company electronics, sending an inappropriate email from home or a text from a personal phone can be used against them as well. And, according to attorney Brian Lerner, “Most employees realize now that e-mails don’t go away. They also should know texts can be pulled from a phone number for documentation of a harassment case.” Finally, employees who are subjected to inappropriate electronic messages should contact their supervisor or human resources personnel.

In it’s decision on a textual harassment case, New York’s Kings County Court noted that, “along with their many benefits, (technological developments) bring with them ever greater potential for abuse.” Employees should remember that sending racy emails and texts can cause serious problems for them as well as their employer and consider whether the thrill of sending the message is really worth the risk.