Employers, Beware of “Cyber Harassment.”

As we move into an increasingly digital world, new challenges force employers to ensure that workplace policies reflect current concerns. One developing issue concerns “cyber harassment.” Workplace policies typically address harassment, but they don’t always recognize all the forms that harassment can take. Now, workplace harassment occurs via inappropriate texts, emails, videos, instant messages, and other cyber communications.

Cyber harassment differs from in-person harassment because of its evidence trail. Before, harassment cases frequently involved one employee’s word against another employee’s word. Now, an offended employee often has a well-developed evidence trail documenting each incident of harassment. The employer--or a plaintiff’s lawyer--can easily access and review a written record of what was said and when.

To avoid cyber harassment issues, an employer should draft and enforce policies that define harassment (including cyber harassment) and that cover appropriate uses of emails, company computer systems, text messages, instant messages, and other technologies. And, of course, an employer should immediately and thoroughly investigate any employee complaint about cyber harassment.

Employers may wish to consult with legal counsel before changing employment policies. To speak to the Dallas, Texas employment lawyers at Clouse Dunn LLP, send an email to debra@clousedunn.com or call (214) 239-2705.