Legal Perspective: Writen Internet, e-mail policies protect employer

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Employers should view both e-mail and Internet usage for potential abuse, particularly in the area of sexual harassment. Monitoring employee behavior was difficult enough when an employer had to enforce policies of nondiscrimination by overseeing spoken language. With the ease of e-mail, the workplace is ripe for abuse of e-mail, and an employer may be subject to a claim for hostile work environment.|ret||ret||tab|

For example, a supervisory employee may forward an off-color joke or sexually explicit photograph to numerous employees with the touch of a button. If another employee is offended by the material, the employer could be subject to a lawsuit. Further, an employee may be using the Internet for other purposes besides furthering the company's business. If a user is violating federal or state laws in his or her use of the computer, an employer may be facing problems, as well.|ret||ret||tab|

In Missouri, employers are virtually strictly liable for hostile environment claims resulting from a supervisor's actions. To combat the problem with e-mail and Internet use, an employer should protect itself. |ret||ret||tab|

First, an employer may monitor e-mail and Internet use. In order to monitor such use, an employer should have a written policy to disclose to all employees that the use may be monitored. In addition, the safest approach is to have each employee acknowledge and consent to the monitoring in writing. Second, written policies prohibiting harassment by e-mail and other computer-related abuses should be in place.|ret||ret||tab|

In developing an Internet policy, an employer should consider provisions advising employees not to expect to have their usage patterns private. In addition, if employees have their own personal Web pages, an employer may want a provision stating it is not responsible for the contents. Some businesses will want to restrict Internet use to performing job duties. |ret||ret||tab|

Every policy should contain a statement that each user is subject to all federal and state laws. Perhaps some education to employees, including examples of computer crime and inappropriate Internet use, would be helpful. As stated above, if an employer intends to monitor use, there should be a reminder that Internet use will be monitored without notice. A statement of possible disciplinary actions also may be appropriate. |ret||ret||tab|

Other possible considerations in a policy include copyright infringement by users and licensing agreements the company has signed.|ret||ret||tab|

If an employer decides monitoring is necessary, there should be a basis for the monitoring. For example, if a supervisor reasonably suspects an employee is violating company policy, there is some basis for monitoring. However, a company may not want to arbitrarily monitor computer use. This area of law is developing, but the courts may view random computer monitoring in the same way they do random drug testing. The best monitoring policy is disseminated and consented to by each employee; requires that monitoring is done by one person and only if there is reasonable suspicion; and monitoring is kept confidential.|ret||ret||tab|

E-mail policies should contain similar provisions. However, because of the potential for hostile environment or harassment through e-mail, a policy should contain a statement with additional prohibitions against abuse. The policy should prohibit the sending or displaying of sexually explicit, harassing or offensive material. |ret||ret||tab|

Also, a business will probably want to prevent employees (except the one specifically authorized to monitor) from attempting to access another user's files or e-mail without consent. Finally, a prohibition against disseminating any company files or personal information regarding other employees may be appropriate. Keep in mind that if there is a lawsuit, all e-mails may be subject to examination by the parties to the lawsuit, as well as the court. Consequently, although e-mail is extremely convenient, client confidentiality may be jeopardized by sending information via e-mail. |ret||ret||tab|

Disciplinary steps should also be outlined in the policy.|ret||ret||tab|

Although an employee has a right to privacy, that needs to be balanced against a workplace free of harassment. To serve both of these interests, a business should: |ret||ret||tab|

put the e-mail (and Internet) policies in writing; |ret||ret||tab|

distribute the policies to every employee; |ret||ret||tab|

have each employee acknowledge receipt of the policy in writing; and |ret||ret||tab|

provide basic training to all employees. |ret||ret||tab|

All of the above are general concerns, and every business should consult its lawyer in developing policies to best serve that particular business.|ret||ret||tab|

|bold_on|(Penni Rush Adams is a member of the law firm of Daniel, Clampett, Powell & Cunningham LLC.)|ret||ret||tab|

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