Sexting prompts warnings to employees
WORKPLACE
BY PAULA BURKES
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Published: October 11, 2009
"Sexting” — or the practice of sending sexually explicit cell phone text messages and photos — is becoming an increasingly hot topic in the workplace.
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Cell phone users today text more than call. That’s true for most age groups, according to a 2008 survey by the Nielsen Co. Mobile subscribers ages 18 to 24 average 265 monthly calls and 790 texts; those 25 to 34, average 239 calls and 331 texts; those 35 to 44, 223 calls and 236 texts; and those 45 to 54, send and receive close to as many texts as calls, 128 versus 193. Of cell phone users in Oklahoma City, 52 percent text, according to survey released last year by Scarborough Research. Only eight cities have more texters, including list-topper El Paso, where 57 percent of subscribers text.
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A former waitress is suing
Hooters restaurant on
Fort Lauderdale beach, claiming a manager sexually harassed her with text messages. Meanwhile, a new
Texas law, that took effect Sept. 1, makes electronic harassment or intimidation a Class A misdemeanor or third-degree felony.
Though
Oklahoma has no such cases or statutes pending, observers say texting is affecting worker productivity and more.
Oklahoma City business and human resources consultant Bill Bendure said several employers have told him of what they perceive as problems or potential problems with co-workers flirting and romancing with text messages.
"They are concerned with distraction and possible sexual harassment issues,” Bendure said.
Consequently, more and more companies are willing to put restrictions on cell phone use.
Kelley Jewelers in Weatherford is one. The store prohibits its 20 employees from using cell phones on the job, asking them to keep electronic devices turned off and inside their cars or break room lockers during work hours.
"It’s distracting when employees’ cell phones are constantly ringing at their desks,” owner
Kim Ingram said. "We realized that a couple of years ago and set the policy to head off problems.” Managers this year amended the policy to include texting, "so someone couldn’t sit there texting all day and not working.”
Like misuse of e-mail, sexting presents a new form of electronic harassment, said
Tony Puckett, a labor attorney with McAfee and
Taft law firm in Oklahoma City.
Employees don’t realize text messages are traceable, Puckett said. Even if exact messages can‘t be recouped, phone companies can document the exact times and days texts are sent and received, he said.
Workers also mistakenly think their personal cell phones are their private business, Puckett said. But if they "sext” a co-worker, customer or vendor who complains, employees can still lose their job.
Employers have an obligation to investigate, which could include subpoenaed cell phone records, and take remedial action, Puckett said.
Because texting, like e-mailing, has a layer of technology, people frequently will send messages they wouldn’t say face-to-face, said
Jay Zweig, a partner in the
Phoenix office of
Bryan Cave LLP. "But sometimes that can be worse, because people can’t tell if you’re joking,” he said.
"Still, it doesn’t matter how you intended the message; it’s how it’s perceived,” Zweig said. "‘You look nice today’ or ‘That’s a nice haircut,’ is fine if your tone isn’t lewd or you keep it professional and friendly.
"But you may risk being offensive or making people uncomfortable if you sext ‘You look hot today,’ ‘Your time in the gym is paying off’ or ‘It looks like you’ve been up all night doing something.’”
Even sending or receiving sexts to a girlfriend or boyfriend can get one in trouble, Zweig said. "Say you open a nude picture in your cubicle on your own cell phone. Someone could still walk by and see it, or hear you talking about it.”
Zweig recommends employers have written sexual harassment policies and annual anti-harassment trainings. Both, he said, should include cautions against sexting.
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