With the increasing use of social media and online messaging, some harassers are using these platforms as a method of sexually harassing co-workers or subordinates in the workplace. The posting of derogatory information online or the sending of graphic or sexual requests through online messaging platforms may form the basis for an employee’s sexual harassment claim. This type of offensive conduct can create a hostile work environment for employees in Massachusetts. If a supervisor is making a sexual request through an online platform that could affect an employee’s job, such as a promotion or demotion, this would also be considered as unlawful “quid pro quo” sexual harassment. Quid pro quo means “this for that,” and along with a hostile work environment, is a type of sexual harassment.
Factors Determining When Social Media and Online Conduct Becomes Workplace Sexual Harassment
Harassment using social media and online messaging doesn’t necessarily have to be at a workplace, on a work computer, or during business hours. The Massachusetts Commission Against Discrimination has set a range of factors that it will consider (among others) in determining whether offensive conduct online constitutes sexual harassment. These factors include the following:
- The nature or severity of the conduct;
- The virtual platform within which such conduct took place, and whether it is connected to the workplace;
- The device or account used to access social media or the platform, such as use of a company account or device;
- Whether the conduct occurred during work hours;
- How the harasser obtained access to the employee’s social media accounts;
- Whether the harassment was on publicly available social media or private;
- The relationship between the complainant and alleged harasser, such as harassment between a supervisor and employee;
- Whether the conduct adversely affected the terms and conditions of the complainant’s employment or has an effect on the complainant’s work environment.
If you are being sexually harassed by a co-worker or a supervisor on a social media platform or through online messaging, you don’t need to handle the matter alone. At the Maura Greene Law Group, we represent and advocate for employees who have been sexually harassed in the workplace. Contact us us for a confidential consultation about your rights, call at 617-936-1580 or email [email protected].
The Not So Fine Print:
Every case has its unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here, and this isn’t intended as legal advice. It is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a crisis.