For most employees, it can be a perk to have a supervisor who’s friendly and even a bit casual. However, sometimes, behavior can cross the line from friendly to upsetting. Receiving unwanted, inappropriate emails, texts and/or photos from a supervisor, manager or boss can leave you feeling uncomfortable and violated. Many employees in this situation are afraid to speak out for fear of backlash that could put their jobs at risk. However, this behavior isn’t just inappropriate—it’s illegal sexual harassment. Understanding how to respond to unsolicited pictures from someone in a position of power is crucial to protecting yourself and your rights.
This blog post will guide employees on how to respond to unsolicited emails, texts or pictures from a supervisor, manager or person with authority. We’ll walk through some steps to address this kind of sexual harassment and protect their rights during the process.
When Are Inappropriate Emails, Texts or Pictures Sexual Harassment?
Under California law, sexual harassment happens when someone’s inappropriate or sexually explicit behavior makes you:
- Unable to perform your job duties as normal, or
- Feel personally intimidated and threatened in your workplace.
Harassment usually becomes illegal when the inappropriate behavior you face happens more than once and is disruptive to your work environment. In legal terms, this is called a hostile work environment.
However, inappropriate behavior is sometimes severe enough that only one incident can make a work environment feel offensive or hostile.
Receiving unwanted, sex-based emails, texts or pictures from anyone in your workplace can be upsetting enough to interfere with your job performance. However, when a supervisor, manager or a person that has authority is the one who sends an inappropriate email, text or photo, the situation is automatically more serious. Because a manager, supervisor or person with authority is in a position of power, their misconduct likely feels all the more intimidating and potentially threatening.
It doesn’t matter if you receive the email, text or photo during working hours or when you’re off the clock. Even a single sex-based email, tet or photo from a supervisor, manager or person with authority could lead to a legal case of sexual harassment. Under California law, employers must protect workers from harassment based on sex. This includes preventing inappropriate behavior by training supervisors to recognize and address harassment. For that reason, a case of sexual harassment at the hands of a manager or supervisor leads to legal liability for your employer as well as the perpetrator.
How to Respond to Unsolicited Pictures
If a supervisor, manager or person with authority sends you unwanted emails, texts or photos, here are some critical steps to take as soon as possible.
Call Us Immediately
This is hands-down the first thing to do after receiving an offensive email, text or photo from a supervisor, manager or person with authority. Whatever comes next, having a legal professional on your side is in your best interest. An attorney who has extensive experience with California sexual harassment cases can guide you through how to respond to inappropriate pictures safely. This can include helping you preserve evidence of your harassment and draft a report to HR. A lawyer can also evaluate the situation and help you understand your legal options. At the Law Office of John Dalton, we offer free and confidential initial consultations for employees facing sexual harassment. The sooner you can speak to us, the more quickly you can avoid common mistakes that can harm your case.
It Is Extremely Important to Preserve the Texts, Emails or Photos as Evidence
When you receive an unwanted email, text or photo, it’s natural to want to delete it immediately—don’t. Evidence and documentation are essential for proving sexual harassment claims. Take screenshots of the images to preserve the date and time you received them. Then download the pictures and save them to your personal (not work) phone or computer. For an extra level of security, print out the time-stamped version of the texts, emails or pictures and keep them somewhere secure—not at your office.
Contact Us Before Reporting the Incident
Notifying your employer about any sexual harassment you experience at work is essential, but we strongly urge you to contact us before doing so. The law requires your employer to have a formal procedure for employees to report harassment or discrimination at work. However, it is common for employers not to train their employees on this process. Therefore, it is very important to contact us before trying to follow the steps of this formal procedure.
It can be incredibly intimidating to speak out about workplace harassment when a supervisor, manager or a person with authority is the source of the misconduct. However, this is a crucial step for protecting yourself and getting justice for the violation you suffered. Therefore, it is very important to contact us as soon as possible after such illegal conduct has occurred. Your employer is legally obligated to investigate and correct any sexual harassment under their watch quickly. If they don’t meet that obligation, you could be entitled to recover compensation for their negligence if you take legal action.
Beware of Retaliation
Watch for potential retaliation after you report the inappropriate texts, emails and/or pictures. Under California law, it’s illegal to retaliate against anyone who reports sexual harassment in the workplace. Retaliation could include negative performance reviews, interference with pay, cuts to your hours, removal of responsibilities, demotion, and any other threats to you or your job.
Experienced and Effective Legal Support for Employees
Victims of sexual harassment often feel confused, scared and violated—especially when the perpetrator is in a position of authority. At the Law Office of John Dalton, we understand how challenging it is to overcome this betrayal of trust and get help. That’s why we’re here. Attorney John Dalton established this law firm to make high-quality legal support accessible to any California workers. He brings decades of legal experience, a track record of successful verdicts, and tireless personal dedication to every case. Contact us online or by phone to schedule a free case evaluation.