* An example of why employers need to manage IM use
IMbrella Software, which sells products to help organizations manage the use of consumer instant-messaging clients in the workplace, relates this short excerpt of an IM conversation that one of IMbrella’s customers provided. The exchange is a good example of the basis for a potential sexual harassment claim – one that could be brought simply by an employer failing to properly manage employees’ IM use.
Man: “Saw you come in this morning, you looked super hot.”
Woman: “Yeap, I do that sometimes.”
Man: “all the guys in engineering think you’re the hottest chick in the company.”
Man: “there’s a bet going on to see who can be the first to… get your phone number.”
Man: “I’m going to win!”
Man: “maybe we could have lunch sometime?”
Woman: “Sounds innocent enough.”
Man: “are you innocent?”
Woman: “What do you think?”
Man: “maybe I could have you for dessert”
Woman: “I said lunch, I meant healthy, there was nothing about dessert”
Man: “come on, I know you want me”
Woman: “That’s irrelevant. We both have work to do. I have to go.”
Man: “wait…”
Woman: “done.”
Man: “come on, dont be a tease”
Woman: “I said we are done here.”
Man: “are you kidding, I see how you look at me”
Man: “lets talk about your outfit again, that’s more fun”
Man: “how do you get into that thing, its so tight!”
Woman: “I think that’s enough.”
Man: “you’re being a [expletive deleted]”
There have been numerous incidents in which employees have sued their employer for promoting a hostile work environment. In some cases, an employer can be found liable for doing nothing more than providing the network facilities over which one employee can sexually harass another. However, if an employer does nothing to prevent such conduct, such as establishing policies against it, deploying technology to prevent it and so forth, there is little chance that the employer will be able to appropriately defend itself in such a case.
The bottom line for any organization is to deploy technology that will either block the type of communication shown above, or that will allow managers to review content to look for potentially damaging communications between employees. To do nothing about this potential liability can cost an organization dearly.
