By Sarah E. Kowalkowski
People in the workplace communicate more often and via more methods than ever before. Quite often, many of these methods of communication—emails, text messages, and instant messages on platforms like Slack or social media—are less formal than communication methods of the past. While these methods may encourage a less formal style of communication, any form of written communication can become evidence in litigation. For this reason, employers and managers must be mindful, now more than ever, of how they communicate with (and about) employees.
The more we communicate in writing, the more opportunities there are for mistakes and unclear messaging, particularly in less formal communication methods, such as text messages. Courts and arbitrators consider all types of written communication—including the use of emojis—when assessing employer liability in discrimination and harassment lawsuits. For example, in a 2022 sexual harassment case, a federal district court analyzed whether any emojis exchanged in instant messages “could be considered sexual in nature.”
Click here to read the entire article.
