Manager’s dirty browsing lands company in court
April 25, 2008 by Sam NarisiPosted in: In this week's e-newsletter, Latest News & Views, Security and law
Here’s another reason to do everything you can to keep inappropriate material off employee’s computers - to avoid getting dragged into court for sexual harassment.
In one recent case, a company’s high-ranking supervisor had a habit of regularly watching pornographic videos in his office. His secretary knew about it, and it made her uncomfortable. So she complained to a vice president.
Nothing was done after that. In fact, after the supervisor learned about the complaints, he stopped speaking to the woman, took away most of her work and, she said, tried make her quit. Instead, she sued.
At first the company won, but an appeals court reversed in the woman’s favor. Why? The court ruled that “the mere presence” of pornography is enough to create a “hostile work environment” and move a sexual harassment claim forward.
The lesson for all companies is two-fold: First, is the importance of keeping tabs on what employees are doing with their computers and having a policy against inappropriate use.
And second, the policy must be enforced and complaints must be taken seriously. It’s impossible for companies to be aware of everything employees are doing. But when they are aware and don’t action, that’s when they get in trouble. In this case, if anyone had responded to the secretary’s complaints, the outcome probably would’ve been different.
Cite: Patane v. Clark
