You may be entitled to file a claim over pornography use in the workplace. Viewing pornography at work is considered a form of sexual harassment that can contribute to a hostile work environment. An employer who permits or tolerates porn in the workplace can be open to legal claims from affected workers.
If you’ve been disturbed by co-workers openly watching porn on the job, the employment law team at Joseph & Norinsberg can help you file a claim for sexual harassment. Contact us online or call 212-227-5700 today for a free consultation.
What Is Considered Pornography in the Workplace?
Not even the U.S. Supreme Court could easily define “pornography.” When concurring with the 1964 ruling in Jacobellis v. Ohio, Justice Potter Stewart admitted he couldn’t clearly explain what “hard core pornography” means when determining whether a work is “obscene” or constitutionally protected speech. Instead, he simply wrote: “I know it when I see it.”
The law may differentiate between pornography and content that simply includes sex, but the line is probably much narrower in the context of what’s acceptable in the workplace. On the internet, any sexually explicit or otherwise inappropriate content is typically labeled “Not Safe For Work.” If you would tag something as NSFW, it would likely be considered porn in a professional setting.
It’s possible to display non-pornographic content that could reasonably be considered inappropriate at work. Photos of swimsuit models probably wouldn’t be considered “porn” by most, but they may still make co-workers uncomfortable. A nude scene might not be porn in the context of a blockbuster movie, but that doesn’t mean it’s okay to watch in the office.
Why Is Pornography Considered Sexual Harassment?
Federal law defines sexual harassment as unwanted behavior either based on sexual activity or sex-based characteristics. Sexual harassment isn’t limited to inappropriate physical or verbal behavior. It can also include displays of visual or digital content that create or contribute to a sexually-charged or uncomfortable workspace, such as
- Watching pornography on work computers, or using it as a screensaver or wallpaper
- Sharing unsolicited pornographic content with co-workers through social media, email, text, or messaging platforms
- Displaying sexually explicit images in common areas of the workspace
Exposing co-workers to pornography without their consent can make them feel uncomfortable and unsafe. They may also feel intimidated and pressured into accepting behavior that upsets them, which can lead to a hostile work environment.
How Does Pornography Create a Hostile Work Environment?
Under federal law, a hostile work environment arises when employees experience “severe or pervasive” discrimination, harassment, or otherwise abusive conduct based on a protected characteristic like race, religion, or disability status. Displaying pornography in the workplace can qualify as sex-based harassment, making other employees uncomfortable, anxious, stressed, or embarrassed. In New York, sexual harassment doesn’t need to be “severe or pervasive” to be illegal.
Both the act of viewing pornography at work and the social repercussions can negatively impact employees. It can erode the mutual trust, respect, and camaraderie between co-workers, making the workplace colder, less functional, and more intimidating. If it gets bad enough, porn use can tank workers’ morale, distract them from their work, and even push them toward leaving the company.
What Can You Do if You See Pornography in the Workplace?
You should not have to tolerate the use of pornography in your workplace, and there are multiple ways to take action in response to it. Your first step should be to report the issue to your supervisor or HR department immediately, allowing your company to act quickly and address the matter. However, if your employer fails or refuses to fix the problem, you can file a complaint with the U.S. Equal Employment Opportunity Commission, or EEOC.
You generally have 180 days after an incident to make a complaint with the EEOC, or 300 days if a state or local anti-discrimination law covers your charge. The EEOC may start mediation proceedings or assign an investigator to your case. If the investigation doesn’t lead to a settlement, the EEOC may issue you a “right to sue letter,” giving you 90 days to file a lawsuit against your employer.
If you’re considering pursuing a sexual harassment lawsuit against your employer, it’s important to document as much as you can. Take thorough notes on where and when any incidents occurred, what exactly happened, who was involved, and any efforts you made to report it.
Contact Joseph & Norinsberg For Your Employment Law Cases
If you’re experiencing a hostile work environment because of pornography use at your job, you don’t have to suffer in silence. The trusted employment law attorneys with Joseph & Norinsberg have more than 100 years of collective experience fighting for the rights of workers like you. We’re ready to aggressively pursue justice on your behalf and get you the results you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
