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The Changing Face of Workplace Harassment

textual harassmentThe best part about drinking, other than the opportunity to temporarily forget the incredible number of problems in your life, is the wonderfully politically incorrect/ridiculous conversations that usually accompany imbibing in America’s favorite beverage.  On any given night of boozing, topics normally untouched, such as the merits of shoplifting or the proper way to bludgeon a baby seal, all become as mundane as a 50-year marriage (or so I’m told).  Though sometimes these aimless conversation can lead to some very interesting observations.

Case in point, the other night a drunken buddy of mine was jokingly trying to figure on how best to mess with his co-workers without them actually knowing that he was doing it.  After another beer and careful convincing that leaving live barn animals in their cubicles wouldn’t be very subtle, he came to the conclusion that the best way would be via annoying text messages from a private line.

Now aside from the incredibly unethical and possibly illegal character of my buddy’s self-created predicament, I couldn’t help but notice how effective the tactic he suggested would be in bothering his co-workers.  Despite the fact that he was joking, in reality the nature of my friend’s solution highlights how much workplace harassment has changed due to technology and social evolution.

A recent Newsweek article suggests that the way people are harassed at work now has changed a lot from how they were decades ago.  For instance, in the case of sexual harassment the stereotypical view has always been that of a boss forcing an underling to have sex with him or be fired.  Nowadays this doesn’t happen so often.  The landscape has changed and harassment, whether sexual or otherwise, comes in many different forms and from some unexpected sources.

In many ways, harassment in the workplace is a lot more subtle now and does not necessarily have to happen at work.  Going back to my buddy for example, he just wanted to piss off his co-workers because he didn’t like them all too much.  The full extent of his plan (as he slurred out) was that he was going to bombard them with text messages from a private line all the time, at the office and out.

To some people this might just seem like a jerk being a jerk, but under Title VII of the Civil Rights Act of 1964 such a practice could likely be considered harassment.  Just because the nuisance isn’t sexual in nature doesn’t necessarily preclude it from being harassment.  Furthermore sexual harassment itself has gotten a lot more subdued.  The Newsweek article suggests that more often than not sexual harassment in the modern work environment is more about one person asserting their dominance over a co-worker or subordinate rather than just someone trying to satisfy a sexual urge.

Anyway, the moral of this article, as they say, is that employment-related harassment can take many forms.  Threatening emails, annoying Facebook messages, calls at odd hours of the night from your officemates could all possibly be considered harassment.  Here are some helpful tips that might help you navigate through these tricky waters.  However, the basic rule seems to be that essentially anything you’re uncomfortable with that’s being done to you by an employer or fellow employee could be workplace harassment.

Remember, you don’t have to take it.

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Be Careful What You Write: Social Media Marketing

social-media-marketingFirst, what is social medial marketing? Essentially, social media is a blend of social outreach and internet technology, achieved principally through blogs, Facebook, MySpace, Twitter, and Linkedin.  While these Internet tools allow people to connect to other people of all age groups, they have also become the new “feeding ground” for employers seeking to learn more about a potential employee than they can discover through a resume. In fact, according to employeescreenIQ, 56% of what is written on a resume is padded.  (Company Unveils List of 2009 Background Screening Checks)

In 2006, CareerBuilder.com reported results of a survey that they conducted of over 1,000 hiring managers.  Results indicated that 12% of these managers used social media websites to verify information about a job candidate, with 63% not hiring a candidate based upon the information that they found. (Background Check News)

Today, as quoted from one blog, almost 40% of employers have used Facebook and other social media sites to obtain information about job candidates, and greater than 80% of employers found negative information about the potential employee that may have lead to the candidate not being extended a job offer.  (Employment Background Checks

Clearly, taking control of one’s public persona is critical for anyone in the job market.  However, employers could also subject themselves to litigation for negligent hiring practices through the use of social media when making employment decisions.  So, far, no one has made this challenge but expect this to come.

Social media marketing is not only being used by prospective employers but a new crime is on the rise – social media identity theft.  St. Louis Cardinals MLB team manager Tony La Russa was a recent victim.  An identify thief created a Twitter account using Tony’s name and image, posting defamatory remarks on the account.  La Russa sued Twitter and the case is currently pending in court.  La Russa wasn’t alone; impersonators hacked into President Obama’s Twitter account, as well as the Twitter accounts of Britney Spears and Bill O’Reilly at Fox News.  (Twitter, Social Media Indentity Theft & Personal Background Checks)

Prosecutors are also using social media to their advantage.  A 22-year old woman charged with a fatal DUI, faced a 5 year sentence after photos of her on her MySpace page after the accident depicted her with tequila, shot glasses and a T-shirt labeled, “Jail Bird?” came up at trial despite the warnings of her defense attorney.  (Unrepentant on Facebook? Expect jail time)  And, a YouTube video was elevated to fame in 2008 when Ms. Trisha Walsh Smith made a video about her acrimonious divorce from Phillip Smith, a Broadway giant.  Smith complained about her prenuptial agreement and made disparaging remarks about her then current husband.  The New York County judge granted the husband a divorce on the grounds of cruel and inhuman treatment.  (Inside the YouTube Divorce)

If these stories don’t cause you to rethink what you may have posted on social media sites such as Twitter and Facebook, maybe they should give you pause for thought.  Depending upon what you have posted, you could lose a job opportunity or worse.  Count on LegalMatch to continue to monitor these trends; we expect more litigation to revolve around the use of social media.  But, don’t say we didn’t warn you.  Be careful what you write!

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