Can You Sue for Sexual Harassment That Occurs Over Social Media in California?
It can be difficult to know where the line is between inappropriate behavior and conduct that may have legal consequences when it happens on social media. Many in this situation ask: Can you sue for sexual harassment that occurs over social media in California? In some circumstances, yes.
California law protects employees from certain forms of sexual harassment, and this can include conduct that occurs through Instagram, Facebook, LinkedIn, text messages, or another digital platform.
Sexual Harassment Does Not Have to Happen in the Office
Many people picture sexual harassment as something that happens in an office, on a job site, or during a work event. Modern workplaces are not confined to those physical spaces.
Sexual harassment through social media can still be workplace harassment as employees use social media and messaging applications every day. The key question is often not simply, “Where did this happen?” It may be, “How is this conduct connected to the workplace?”
What Can Social Media Sexual Harassment Look Like?
Examples of digital harassment may include:
- Repeated sexually suggestive direct messages
- Unwanted requests for sexual photographs
- Sexual comments sent through professional networking platforms
- Sharing explicit images without consent
- Sexual jokes directed at an employee
- Repeated comments about an employee’s body or appearance
- Threats or pressure tied to sexual attention
- Harassing messages from a supervisor or coworker
- Sexual content posted about an employee in a workplace-related online group
The digital setting of sexual harassment does not necessarily make the experience any less serious or prohibit you from taking legal action.
The Connection to Your Employment is Important
If social media sexual harassment involves a coworker, supervisor, manager, or other person connected to your employment, the employment relationship may be an important part of the legal analysis. That situation can raise very different concerns than an unwanted message from a stranger online.
The details matter. Who sent the message? What was said? How often did it happen? Did the person have authority over you? Did the conduct affect your working environment? Did you report it? How did your employer respond?
Scott R. Herndon will listen to your story and advise you on the best next step.
What If Your Employer Does Nothing When You Experience This Kind of Harassment?
If you report social media harassment and your employer fails to respond appropriately, the employer’s conduct may raise additional legal questions. If you experience negative treatment after making a complaint, retaliation may be at play, and California has laws to protect you.
In situations like this, the full sequence of events needs to be examined carefully, and an attorney can help with this.
Raising Legal Concerns Over California Social Media Sexual Harassment
Depending on the circumstances and the connection between the conduct and your employment, the answer to whether you can sue for sexual harassment that occurs over social media in California is potentially.
The law applied to social media harassment can be complicated, and the facts of your particular situation matter. If you have experienced sexual harassment through social media, contact The Law Office of Scott R. Herndon for help.
