Companies should adopt 'sexting' policy

MOSES LAKE - A Wenatchee-based employment lawyer recommends businesses adopt a work policy preventing "sexting."

Sexting is sending sexually explicit messages to others, with some people using social media websites or cellphones, attorney Gil Sparks said.

The devices are either bought by employees or their employers.

The messages create liability issues, as they are sent to employees and non-employees, he said.

During his talk at the Adams & Grant Human Resources Association luncheon Tuesday, Sparks cited the recent case of New York Rep. Anthony Weiner's sexting scandal.

Weiner, a Democrat, is accused of sending inappropriate photos of himself and messages to many women online, according to June 14 Associated Press Article.

Sparks said the messages were sent via Twitter, a social networking website.

President Barack Obama said this week he would resign if he was Weiner, the Associated Press article states.

"What better example can I give you about how not to use our technology these days," Sparks commented about Weiner.

It is no longer safe territory for companies to not have an employee policy on sexting, said Gil Sparks to a group of 59 people attending the luncheon.

Sexting is a new method of workplace harassment, Sparks said.

Companies need policies regarding the use of social media and text messages, that expands and incorporates their sexual harassment workplace policies, he said.

He referenced another case of a Hooters restaurant manager sending sexual text messages to a waitress.

A non-sexting work issue arose when a woman was sending messages complaining about her bosses and work conditions through a social media website.

The company became perturbed that everyone was reading her one-sided version of work events, he said.

The woman was terminated from her job. She filed an unfair labor complaint with the National Labor Relations Board.

The board was going to investigate the issue, but she and the company settled before the investigation began.

They settled on the basis they would change employees' limitations when using social medial.

There is no case law in this area, Sparks said.

One audience member asked if the issue could be related to slander.

Sparks said it could be, but one can say truthful things about bad conditions at your workplace.

"Truth is the absolute defense to slander and defamation," Sparks said.

After his talk, Quincy Foods Human Resources Manager Susan Derting, said the information provided about sexting was "very informative and up to date."

She plans to talk to her employer's corporate office about adding wording about sexting to employee policies.

Susan Wolf, a Grant County employee, said it is always great to come watch Sparks speak.

"It's nice to get the latest on newest cases," she commented.

Ralph Mugass, of Express Employment Professionals, said he learned new information and added that Sparks was a great speaker.

To Mugass, one theme of Sparks' talk was to be careful, have processes in place and follow them.

Theresa Gaustad, of the state Society of Human Resource Management Council, said most managers are not aware of the personal liability that can result in employment-related lawsuits.

Gaustad said she liked the emphasis Sparks made in his talk.

Sparks mentioned he is seeing both companies and managers listed in work-related lawsuits.