Employers Need to Turn on the Filter on Their Email Systems

Employers should be concerned about the potential liability for harassment, discrimination or defamation arising from the display or transmission of sexually suggestive, demeaning, hateful or racist emails through company email systems. As a result, employers need to turn on the filter on their email systems.

There is no doubt that email communication can enhance our productivity and speed business development. However, its easy access and availability have resulted in some employees acting first and then thinking later. The problem with this is, once you hit the �"send button,�" even if you try to recall the message, it may be too late. Employees have to keep in mind that nothing is totally erased from their email system.

Given the high volume of communications transmitted through email, the employer who fails to monitor company email does so at its own peril.  A recent survey noted that 41% of companies have a full-time employee dedicated solely for reading and monitoring email communications. 

Today, email is commonly used by employees to transmit jokes, gossip, humor, rumors, pictures and other communications regarding business, personal endeavors, sexual content, most of which may be offensive to the reader. Not only can email be a means to harass or discriminate, but it can defame others providing evidence of �"wrong doing.�"

The role for monitoring email communications should be done by HR professionals and the company security team. Both HR and Security should be vigilant in monitoring abuse of employer computers and email systems to weed out hateful emails. The risk of liability from email extends beyond discrimination.

Steps to Reduce Liability

With the ease and quickness of email communication, it gives rise to the risk that employers will be held accountable. So, what can employer do? Here are some suggested steps for the employer to reduce its liability.

• All employees should be trained on email etiquette, that is, the proper use of company email communications. Also, remind employees that the delete key will not erase the liability.

• Employers should develop and disseminate written email policies that describe appropriate and inappropriate use of company email.

• Employees should know that their email is being monitored while at work and using company computer.

For companies that have union contracts, other complications may arise. However, the company has a right to prevent union access to its email system. Please speak with your legal team for guidance.