“Textual Harassment”: New Employer Risk From Text Messages, Email and Internet Communications
Avoiding, Investigating and Defending Employee Race, Sex and Disability Claims
Supreme Court will review employer access to employee text messages
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss emerging trends in so-called textual harassment claims, including legal challenges facing employers as they investigate and litigate such cases. The panel will outline best practices to minimize liability for harassment claims based on internet and text messaging.
- Textual harassment
- Common legal claims
- Litigation trends
- Legal issues raised in harassment investigations and litigation
- Employer monitoring vs. employee privacy
- Discovery issues
- Evidentiary issues
- Strategies to minimize liability for harassment claims
- Develop and implement comprehensive electronic communications policies
- Investigating claims
- Criteria for an effective investigation
- Planning the investigation—attorney-client privilege, confidentiality issues
- Documenting the investigation
- Litigation strategies
- Faragher-Ellerth affirmative defense
- Dispositive motions
The panel will review these and other key questions:
- How has the rapid increase in the use of text messages and email by workers created new liability risks for employers?
- How can employers balance the need to monitor employee use of digital devices for improper use with employee privacy rights?
- What common mistakes do employers make in investigating claims of harassment via technology and how can they be avoided?
- What legal challenges do employment litigators face when defending harassment cases based on text messages, email or the Internet?
Eric L. Barnum
He is an experienced trial lawyer practicing in all areas of employment law and litigation, including wrongful... | Read More
He is an experienced trial lawyer practicing in all areas of employment law and litigation, including wrongful discharge, discrimination and hostile environment harassment litigation, labor arbitration and analysis of personnel practices and procedures. He frequently conducts educational seminars for lawyers and human resource professionals on various aspects of developing employment law.Close
Clint D. Robison
Hinshaw & Culbertson
He handles all aspects of employment litigation and advice, including wage and hour matters, discrimination claims,... | Read More
He handles all aspects of employment litigation and advice, including wage and hour matters, discrimination claims, employment contracts, trade secret issues, retaliation claims, sexual harassment claims, and Americans with Disabilities Act (ADA) issues. His clients include financial institutions, restaurants, manufacturers, insurance companies and other business entities.Close
Todd A. Smith
Mediator and Attorney
The Law Office of Todd A. Smith
He serves as a mediator in litigated and non-litigated matters, with an emphasis on employment disputes. He also... | Read More
He serves as a mediator in litigated and non-litigated matters, with an emphasis on employment disputes. He also provides limited employment-related legal services, including workplace investigations, drafting and negotiating employment contracts and severance agreements, and developing and implementing internal policies and procedures. He also teaches employment law at Southwestern Law School.Close