Users beware: Text messages leave behind an electronic record.
Text messages, unlike graffiti, cannot be permanently erased from a wall. Even when text messages are deleted, they still can be retrieved.
Employers should also be aware that lawsuits and court cases involving texting and harassing behaviors are increasing.
The Society for Human Resource Management (SHRM) recommends that employers treat textual harassment like any other harassment. In other words, employers should, at minimum, along with the aid of an HR professional or employment attorney:
have a policy in place;
- keep it updated;
- regularly remind employees to review it; and
- ensure that employees understand the consequences for not following it.
Generally speaking, textual harassment is when someone sends inappropriate or offensive messages via electronic devices over a cellular network.
Apparently, as evidenced by recent court cases, some people will do and say things in text messages that they might not consider doing or saying in face-to-face situations. Examples include texting lewd photos and messages asking for sexual favors.
Because of these and other similar lapses in judgment—employers are facing a growing source of liability, according to a July 20, 2009, article published in the National Law Journal titled, "‘Textual Harassment’ on the rise: Text messages can prove to be potent evidence in bias suits."
This is also because texting is dramatically increasing in the workplace. As one attorney said, "Employees are texting like crazy."
The texting frenzy doesn’t seem to be waning either.
Some medical experts say that excessive texting may be linked to mental disorders. In an article published in The American Journal of Psychiatry, Jerald Block, M.D., reportedly said that addictive text messaging can fall into the spectrum of compulsive-impulsive disorders.
Another attorney, who has spent time in court rooms defending employers accused of textual harassment, might agree with the psychiatrist. According to the previously-referenced National Law Journal article, a Denver attorney said, "I don’t know what it is about texting. But, it is really bringing out the worst in people."
Sadly, the sobering fact is that when employees engage in risky textual behaviors, they are also seriously jeopardizing their employers and companies, as well.
No doubt, most everyone would agree. Our lives have been enriched through technology. However, employers should be aware that overly emboldened text messengers can hurt and offend others when they misuse and abuse texting technology.
And, in the workplace, harassing messages can be perceived as creating a hostile work environment and, therefore, can be lawsuit catalysts.
Again, employers should follow the previously referenced recommendation from SHRM and keep in mind another of their statements: "Although the U.S. Equal Employment Opportunity Commission (EEOC) says it has no statistics tracking the prevalence of textual harassment, it advises employers to treat it as it would any form of harassment—through clear anti-harassment policies and swift action."
‘BTW,’ possibly predicting the future more than he ever imagined nearly four decades ago, the English novelist physicist and novelist, C. P. Snow, said in 1971:
"Technology is a queer thing. It brings you great gifts with one hand and stabs you in the back with the other hand."
Related reading:
Texting and Driving Employees
Sensitivity Training for EmployeesCell Phone Policies