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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

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 his…

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Bruce L. Atkins
Senior Partner

Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt

Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigation 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 his clients, including a $525,000 jury verdict in a sexual…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey

Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…

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Carly Skarbnik Meredith

Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…


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