I was watching a television news show the other day. One of its guests was a young lady who holds the title of: The Worlds Fastest Text Messenger. I was immediately disappointed to learn that I was not invited to participate in the World Text Messaging Championship. Until that point I fancied myself quite the texter! My displeasure was quickly replaced with amazement followed in short order by inferiority. The young lady (fifteen years old) could text faster then I could type—60 words a minute! I guess I’ll start training early for next year’s tournament.

So you ask yourself, why is Brian writing about text messaging on an Employment Law Blawg? Is he bored? No. Is he out of work? No. I’ll tell you why: Text Messages are a great way to preserve evidence of sexual harassment in the workplace! A recent article on Allbusiness.com reports that the number of sexual harassment suits filed where text messages were the basis of the harassment is increasing. It seems employers forget that a text message, like anything in writing, does not disappear into nothingness after it is drafted. Perhaps because of the nature of texting in general, a quick and easy way to communicate short bits of info from one person to another, employers don’t filter what they text. The article cites to a Michigan case where a soccer coach’s university paid $450,000.00 to settle a harassment lawsuit over several text messages sent to two female soccer players.

Employers should ensure they implement a policy aimed at preventing text message sexual harassment. Additionally, employees should not accept inappropriate comments of a sexual nature from their employers, regardless of the medium in which the employer sends them. Treat every text message like you would any written communication and expect that it will never go away.  

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