The digital era has made communication with friends, family, and colleagues easier than ever. Today, it’s not unusual for employees to exchange phone numbers and text casually outside the workplace. However, the convenience of instant communication also comes with certain risks, including exposure to unsolicited, inappropriate messages from your coworkers or boss. In such situations, it’s important to know how to report harassing text messages to protect yourself and maintain a safe work environment.
This blog post will offer guidance for employees who are on the receiving end of unwanted and sexually explicit messages. We’ll discuss what California’s sexual harassment law says about inappropriate texts from coworkers. We’ll also explain how to report harassing text messages and get help with a potential legal claim.
Are Inappropriate Text Messages Sexual Harassment?
Under California law, inappropriate text messages can qualify as illegal sexual harassment in the workplace.
In legal terms, sexual harassment is a kind of employment discrimination. It happens when someone’s offensive or sexually inappropriate behavior:
- Disrupts your sense of safety and well-being, or
- Prevents you from performing your regular job duties.
This offensive behavior isn’t limited to incidents in the physical workplace or during working hours. You can suffer harassment at any time from anyone in the workplace, e.g., a coworker, manager, boss, client, or customer.
Inappropriate behavior also doesn’t have to be explicitly sexual to count as illegal harassment. In California, sexual harassment includes mistreatment targeting someone’s sex, gender, sexual orientation, or gender identity.
Some examples of sexually harassing behavior include:
- Telling vulgar stories about sexual encounters,
- Demeaning people of certain sexual orientations or gender expressions,
- Engaging in repeated unwanted flirtation,
- Sharing explicit photos,
- Requesting sexual pictures or favors, and
- Threatening sexual violence.
Typically, it takes more than a single incident of inappropriate behavior to have a case of workplace harassment. Sexual harassment generally becomes a legal issue when misconduct is so frequent and offensive that it creates a hostile work environment. However, some behaviors may be severe enough to qualify as illegal harassment after just one incident. For example, when a manager offers someone more hours in exchange for sexually explicit photos, that could be grounds for a sexual harassment claim.
How to Report Sexual Harassment Texts
Many employees feel shocked, violated, and powerless when facing harassment via text message. There’s no denying that this situation is uncomfortable and even frightening. However, there are important actions employees can take immediately to protect themselves.
Save the Messages
When you receive an inappropriate message, save it right away. Your natural first reaction to an inappropriate message is to delete the text. However, doing so robs you of critical evidence. Instead, take a screenshot capturing the date, time, and message sender. Then, send the screenshot to a personal email address or somewhere you can keep a backup copy. Documentation and evidence are essential when proving you’ve been the target of harassment.
Talk to Your Supervisor
You don’t have to wait for harassment to be repeated to get help. Tell your manager about any unsolicited messages you receive. Even if you’re unsure if it counts as illegal harassment, your employer shouldn’t tolerate this behavior in the workplace. If your manager is the source of the harassment, speak with their supervisor or another trusted authority who can support you while you prepare to make a report.
File a Formal Complaint to HR
California law requires employers to have a process for reporting workplace sexual harassment. Review your company’s procedures explaining how to report harassing text messages and other sexual misconduct at work. Follow these procedures closely and keep a copy of any documentation you submit as part of your complaint. Keep careful records of your contact with HR, including when you make your report and their response.
Contact an Employment Lawyer
If you’re experiencing harassment at work, consulting with a legal professional is in your best interest. California law requires employers to respond to and correct sexual harassment in the workplace promptly. If they ignore your report—or worse, retaliate against you—an experienced attorney can help you take action to protect yourself. With the help of an employment lawyer, you could file a lawsuit against your employer and hold them legally accountable for the wrongdoing you suffered. If your claim is successful, you could even recover damages for the financial and emotional losses the harassment caused.
The Law Office of John Dalton: Protecting California’s Workers
Unwanted sexual conduct has no place in the work environment, whether it happens in the physical office or the digital realm. At the Law Office of John Dalton, we understand how intimidating it can be to speak out about sexual harassment at work. Unfortunately, too many employees keep silent for too long and lose their opportunity to take legal action for the violation they’ve suffered. That’s why our office offers free, confidential consultations for employees concerned about inappropriate behavior in the workplace.
Attorney John Dalton has over 25 years of experience helping Californians hold negligent and abusive employers accountable for the wrongdoing they leave unchecked. With extensive litigation experience and a deep knowledge of sexual harassment law, he’s helped thousands of employees recover compensation for their suffering. Contact us today to learn more about how we can help you.