Sexual messages sent by text may seem private, but they can still create serious problems in the workplace. Sexual harassment is something that can only happen face-to-face. It can happen over the phone, through email or even by text message.
If a coworker or supervisor sends unwanted sexual messages, California law may consider it to be harassment.
The law considers how harassment affects the recipient
Some people try to claim that sexual texts are harmless jokes or friendly flirting. They may say that texting is not the same as saying something out loud. However, the law in California focuses on how the message affects the person receiving it. If the messages make someone feel uncomfortable, intimidated or unsafe at work, then the behavior may cross the line into illegal harassment.
Under California’s Fair Employment and Housing Act, employees have the right to a workplace free from sexual harassment. Harassment can include unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature. When those actions affect someone’s ability to do their job or create a hostile work environment, they may violate the law. This includes repeated or even single serious messages sent by text.
Harassment via text is never acceptable
A pattern of sexual texting, even outside of work hours, can affect a person’s well-being and job performance. If the person sending the texts has power over the employee’s job, such as a manager or supervisor, the situation becomes even more serious. The power imbalance can make it hard to ignore the messages or feel safe rejecting them.
Saving the messages and writing down how often they happen can help show that the behavior is ongoing and unwanted. If the person receiving the texts tells the sender to stop and the messages continue, that strengthens the case for harassment.
No one should feel pressured, harassed or unsafe because of inappropriate texts. California law protects workers from this type of behavior. Sexual advancements by text are not harmless, and employees have the right to speak up when the workplace becomes uncomfortable or threatening.
