Can You Charge An Employer With Sexual Harassment If They Don't Block Porn Spam?

from the questions-questions dept

It seems this question seems to come up every few years, with various journalists claiming that companies could be potentially liable in a sexual harassment suit if they fail to block out all porn spam. The latest such report does point out how problematic such an idea is, noting how it's basically impossible to perfectly filter out spam mail. However, what's still not clear is whether or not anyone has ever actually attempted to sue over this and how the courts have responded. So far, we just have half a decade of speculation from journalists without a well publicized case of it happening. It's certainly likely that some lawyer somewhere would file such a lawsuit, but it would be much more interesting to see how the courts responded. So, does anyone know of any actual cases filed over an issue such as this? If anything, it would seem that the company would have a pretty good defense in showing that they at least tried to protect the worker to a reasonable level -- and that the real harassment was the fault of the spammer, not the company.

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  1. identicon
    Bob, 11 Apr 2006 @ 3:28pm

    Reasonable expectations

    I don't believe such a suit, if ever filed, would see the light of day. If a company has any spam filters in place and operating, I would suggest that they are making a resonable effort to keep spam from from your inbox. All spam is spam. Porn spam. Financial scam spam. Cheap prescription medecine spam. To differentiate serves no purpose. All spam clogs the network and consumes drive space regardless of it's type. The employer is not required to filter your company mail account. Nor is your employer required to provide you wih a company mail account. If I were an employer and someone tried to sue me for sexual harrasment due to porn spam, they better make sure that when I review their mail history, I don't find any outgoing mail that does not pertain to company business... Because most streets go both ways.

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