Conduct on Employer’s Email or Other Electronic System May Contribute to a Hostile Work Environment.
The most common complaint I have heard from employees regarding using an employer email system is co-workers’ dissemination (and further re-distribution) of sexist jokes, homophobic humor, and proliferation of racial stereotypes. Biased co-workers or bullies may be aware such discriminatory conduct is frequently illegal, and may feel they have a personal shield to distance themselves from their own biased comments and humor when their statements are made in an email or other electronic format, rather than uttered in a physical office setting. For one, there is a time lapse between the time the biased joke or comment is published on the internet, and when it may be reviewed by the intended recipient. Throw a mud ball and run away.
Biased Statements on the Internet May Cause More Harm than Those in a Physical Office Setting
However, these comments may be more problematic for the victims of these biased comments with far reaching consequences because they may be more widely circulated to other co-workers, supervisors and other superiors, than if the statements or jokes had been uttered out loud in a physical office setting, due to the ease of hitting a “forward” command.
Work Environment Includes Employer Sponsored Communications Systems
If biased printed conduct, i.e., comments such as “Women don’t need to be promoted”; “Men have greater need for higher income”; “disabled persons want special perks that none of the rest of are entitled to”; or “Old people take longer to train;” occurs within the work environment being conveyed using work-sponsored communications systems, platforms, or accounts such as an employer’s electronic bulletin board, instant message system, official employer social media accounts or intranet, then such conduct becomes part of the work environment and will be considered by a New Jersey court in deciding hostile work environment claims.
Is it beneficial to the employer?
When electronic platforms are so closely related to the workplace environment and beneficial to the employer, continuation of harassment on it may be regarded as occurring in the workplace. If you are an employee who is experiencing employment discrimination, don’t sit on your rights. I am an aggressive and compassionate employment law attorney who is experienced and successful in representing executives and others and in obtaining monetary compensation for their being subjected to discrimination. If you think you are being discriminated against, you should contact this office today for a free consultation.
In a New Jersey case decided by the Supreme Court of New Jersey, Blakey v. Cont’l Airlines, Inc., 164 N.J. 38 (2000). This case concluded that, although the electronic bulletin board did not have a physical location at the employee’s worksite, evidence might show it was so closely related to the workplace environment and beneficial to the employer that continuation of harassment on it should be regarded as occurring in the workplace.
In Blakey, a female pilot sued her employer, an airline, and male pilots for intentional infliction of emotional distress, and sexual harassment/hostile workplace environment, defamation, and business libel, On appeal, the issues were whether the employer airline, with knowledge, had a duty to prevent continuing harassment, whether the defendant pilots reasonably expected to be subject to New Jersey personal jurisdiction when they published the injurious statements in that forum, and then retaliated against Blakey, a female pilot, for her seeking legal protection. The court decided that the defendant pilots who published defamatory electronic messages with knowledge they would be published in New Jersey could properly be subject to New Jersey Court’s personal jurisdiction. If the employer airline had notice that their employees, the defendant pilots, were engaged in retaliatory harassment, then the employer airline had a duty to remedy the harassment.
I have successfully represented numerous employees, both public and private, who experienced discrimination and harassment on the job, and was successful in getting them monetary compensation for their pain and suffering.
If you quit your job, you may lose right to prevail in a lawsuit
In many instances of discrimination or a hostile work environment, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of resigning, or think you will be fired, or have already been terminated, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.
If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and in every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.