Back in your parents’ or grandparents’ day, when someone went home from work for the night, they typically didn’t see or hear from their co-workers or bosses again until the next day. Now, of course, it can sometimes seem like we’re all connected to one another 24/7 – especially with more and more people working remotely some or all of the time.
Nowadays, people may be found – sometimes, quite often – online doing work and interacting with colleagues in the evenings and weekends. They may encounter them on their social media accounts. If colleagues have their personal phone numbers or they have business phones, they can be getting texts, calls and emails at any time.
Unfortunately, that can lead to unprofessional and even illegal “workplace” behavior even though it’s not occurring in the workplace. People often have fewer inhibitions if they’re texting or posting on a fellow employee’s social media page outside of work hours than if they were face-to-face with them at work. That can become a problem.
What are employers’ responsibilities?
What too many employers don’t realize is that they are just as responsible for their employees’ inappropriate behavior toward colleagues (including those who work for them and those whom they report to) outside the workplace as they are within the workplace. That includes sexual or discriminatory harassment via phone, text, email or social media.
Courts have ruled that these types of communications are an “extension of the workplace.” That means employers have the same obligation to investigate reports of such behavior and take appropriate disciplinary action no matter where and when it occurs.
The Equal Employment Opportunity Commission (EEOC) can make it very expensive for employers that don’t deal with these issues. In one case, a large electronics retailer was fined $2 million for not acting when a young employee reported that her manager was sexually harassing her via text. Another business was fined $1.6 million for not taking action when a disabled employee reported being harassed online by co-workers.
As we live more and more of our work and personal lives online, and as our home and work lives become increasingly intertwined, it important for employees to understand their rights so they can save evidence and report harassment and other inappropriate behavior to their employers. When employers don’t take the steps they’re required to, legal guidance may be necessary to seek justice and compensation.