Cyber Harassment, Bullying & Stalking:
It Can't Happen Here (But It Does)

by Barry Frey, Senior HR Consultant & Certified Talent Management Consultant

• A supervisor posts flirtatious, sexually oriented comments on the Facebook page of one of his female employees. She complains to HR. When confronted, he asserts that since he did it from home on his own time with his own computer, it's none of the company's business.
• An employee suddenly quits, without explanation. After she leaves, her company email box is found to contain dozens of emails from two of her coworkers making fun of her appearance, weight and clothing.
• After having a disagreement with his supervisor, an employee posts a long diatribe mentioning her by name on his own Facebook page that attacks her character and intelligence.

Although the media have raised awareness of cyber bullying among teenagers, the misuse of electronic communication affecting the workplace still seems to be underreported and the issues and impact are not well understood. Just like teens, adult cyber harassers seem to lose their sense of right and wrong. When using technology to communicate, they seem to feel they have no accountability for the words and images they use, and that no boundaries apply. Somehow, they believe, using a computer or cell phone makes their communication private and anything they decide to do or say is allowable. In fact, to some, the more outrageous the content of the communication, the greater the excitement, so the greater the license they take.

 

What is Cyber Harassment?
One definition is "The use of the Internet or other electronic means to stalk or harass an individual, a group of individuals, or an organization... "The definition of 'harassment' must meet the criteria that a reasonable person, in possession of the same information, would regard it as sufficient to cause another reasonable person distress."1 Cyber harassment may be done via any electronic form of communication: email, the internet, cell phones, fax or other means.

 

Cyber Harassment Is Not Private
In fact, posting a comment to a social media site like Facebook or LinkedIn is not private nor secret, it's one of the most public forms of communication imaginable. Posted words and images are available on the internet 24 / 7 / 365 to an unknown number of people. It's the equivalent of standing in the middle of a crowded shopping mall, shouting a message for everyone to hear, and doing it over and over again all day long. Would a supervisor actually think of shouting sexually oriented comments about one of his or her employees in that manner? Using a personal computer does not provide immunity from sexual or any other forms of illegal harassment.

 

Cyber Harassment, If Severe Enough, Is a Crime
Pennsylvania's statute addressing cyber harassment has been on the books for over ten years.

 

Pennsylvania Consolidated Statutes § 5504 - Harassment by communication or address:

(A) A person commits the crime of harassment by communication or address when, with intent to harass, annoy, or alarm another, that person:
(1) Communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures; or

(2) Communicates repeatedly in an anonymous manner;

(3) Communicates repeatedly at extremely inconvenient hours;

(4) Communicates repeatedly in a manner not covered by paragraph (2) or (3)

(F) Definitions: "Communicates." Conveys, without intent of legitimate communication or address, by written or electronic means, including telephone, electronic mail, Internet, facsimile, telex and similar transmission.

 

Cyber Harassment Is Not Just Electronic Venting, It Harms People

Cyber harassment is just as serious as any other form of harassment, and the effects on victims are the same: fear, anxiety, lower self-esteem, depression, anger, decreased morale, difficulty concentrating and others, including lowered productivity.

 

Employer Actions

Educate managers, supervisors and employees so that everyone in the organization understands the issue, the organization's position against cyber harassment, and the actions the organization will take in response to proven incidents.

 

Have clear policies on the use of electronic communications equipment, email, the internet and social media that clearly define and prohibit cyber harassment. Include cyber harassment in the organization's policies prohibiting illegal harassment, violence in the workplace, bullying and other appropriate policies dealing with acceptable conduct.

 

Treat cyber harassment seriously, and treat any incidents as seriously as you would every other form of harassment. Protect your employees and your organization from the risks and damage that can be done.

 

Reference:

1 Bocij, Paul. Cyberstalking: Harassment in the Internet Age and How to Protect Your Family. Praeger, 2004, p. 14.

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Barry Frey, is a Senior HR Consultant with LMA Consulting Group. He is also a Certified Talent Management Consultant. Contact Barry at 717.509.8889 or via email bfrey@lmaconsulting.cc. 

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