With overflowing social media profiles, infinite online sharing platforms, and the ever-expanding capabilities of mobile devices, it’s no wonder that employment lawyers in New York are seeing more and more claims of cyber-sexual harassment. So what really defines ‘cyber’ sexual harassment? Essentially, cyber-sexual harassment laws and violations are no different than traditional forms of sexual harassment; they merely denote the form in which the sexual harassment was perpetrated. The fact that the sexual harassment takes place in a ‘cyber’ environment is inconsequential to the nature of the crime – and the punishment. Cyber or not, sexual harassment is defined as any unwanted sexual advance, sexual request, or other verbal, physical (or cyber) conduct of a sexual nature which creates an offensive and hostile work environment.
Forms of cyber-sexual harassment include using the Internet or text messages to deliver or produce unwanted or unwelcomed sexual advances, sexual favors or other sexually-oriented actions. Such actions include requesting or displaying sexually related images and posting inappropriate messages or comments on social media profiles, in emails or in texts. This means thinking twice before posting questionable statements to your Facebook page or tweeting inappropriate thoughts. The increased popularity and usage of these social media sites has only furthered the instances of cyber-sexual harassment in the workplace.
The increasing accessibility of the Internet with laptops, iPhones, and iPads continues to swell the incidences of cyber-sexual harassment claims. The informal nature of communication granted by these devices and social media outlets leads to blurred lines of acceptable and unacceptable behavior in the workplace and more often than not, someone is crossing those lines. Employers are now being counseled on appropriate cyber behavior and are encouraged to create a cyber training program to educate their employees on the forms of cyber-sexual harassment. Too often and too late, employers are discovering that sexual misconduct in the workplace is not limited to physical situations, but does include any statement or action that is made verbally or in cyberspace.
Because employers can be held liable for actions of cyber-sexual harassers during (and sometimes outside of) work hours, employers are encouraged to become ‘cyber’ smart and speak with a local New York harassment attorney who can advise them on appropriate steps.