The forum operated as an online bulletin board where employees could post messages to one another.
The Supreme Court of New Jersey held that harassment outside of the workplace can be actionable.
The District Court for the Southern District of New York used the requirements set out in The court held that although the three e-mails sent to S. were offensive, they failed to constitute harassment which was so severe and pervasive as to bar S. In 2009, the Department of Education and the New York Office of Civil Rights (OCR) received a complaint from a parent of a student at Hofstra University.
Verbal harassment can be either passive or active depending on whether the harasser targets a specific victim (active) or targets potential receivers (passive).
refers to the intentional sending of erotic, pornographic, lewd, and lascivious images and digital recordings by a harasser to specific or potential victims.
Graphic harassment often occurs via email, instant messaging, redirected/automatic linking, and pop-ups.
Today, employers need to be vigilant not only to what is said and done in the physical office, but what is being said and done in the virtual office as well.
A recent New Jersey Supreme Court case highlights this new territory of employer liability under Title VII for Internet harassment.