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Texting, Sexting and Workplace Harassment

Not too long ago, it was only inappropriate email that kept cropping up in the workplace. Inappropriate email is still with us, but there are newer ways for employees to engage in illegal sexually harassing behavior. Texting inappropriate messages and sexting inappropriate pictures in the workplace can give rise to a sexual harassment claim. Cell phones, like email, leave behind electronic records that can be used to prove harassment. If you receive inappropriate phone messages, remember, phone use can give rise to a workplace sexual harassment claim.

Texting in the workplace

Texting from one employee to another can lead to problems in the workplace when the texting involves lewd jokes, comments, or pressuring for a date or sexual favors. These types of activities can create an illegal hostile work environment. Harassing behavior is harassing behavior no matter the form it takes and it can lead to a host of problems and claims under the law.

What you can do if you are uncomfortable with texts

The first thing to do if you are receiving unwanted or sexually suggestive texts is to speak to your Human Resources Department. Absent a quick resolution of your problem, contact a lawyer with experience in harassment and hostile work environment cases. You may need to file a lawsuit to stop the harassment.

The same thing applies to sexting. If someone at work is sending you photos of a sexually explicit nature, and your company Human Resources Department is non-responsive to your plight or unable to change the situation, New Jersey employment lawyers may be able to help.

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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

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Robert J. Pantina
Attorney

About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

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