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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.
Verbal harassment can be either passive or active depending on whether the harasser targets a specific victim (active) or targets potential receivers (passive).
The Court noted that the conduct at issue arose out of employee relationships and was therefore relevant, regardless of where the harassment occurred.
Furthermore, the Court held that an employer may not disregard offensive messages posted on a company website when the employer is aware or should be aware of the messages.
Sexual harassment has been a prevalent issue in our society and in the legal system for over fifty years.
The ever-increasing use of the Internet in the past twenty to thirty years has served as a medium for sexual harassment that has, until recently, gone relatively unnoticed.
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.
Unwanted sexual attention on the Internet occurs when a harasser uses direct personal communication to harass a victim.
Additionally, the harasser uses personal communication to convey messages directly relating to sex and/or sexuality which are unwanted or unwelcome by the victim.
This pressure is often achieved by the use of explicit threats of harm directed towards the victim or relatives and friends of the victim.
The emergence of Internet mediums as the most common method of communication has introduced new elements into combating sexual harassment in the workplace.
In 1993, Blakey filed a complaint for sexual discrimination in violation of Title VII of the Civil Rights Act.