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eDisaster Story of the Week

February 20, 2001

Inappropriate eMail Triggers Racial Discrimination Suits

With increasing frequency, inappropriate or offensive eMail messages are surfacing in race discrimination cases and sexual harassment lawsuits. R.R. Donnelley & Sons Co., Morgan Stanley & Co., and Citicorp's Citibank N.A. are just three of many major US companies that have been sued by black employees for racial discrimination as a result of eMail messages containing allegedly racist jokes. In one case, Harley v. McCoach, a Pennsylvania employer faced a claim of harassment involving an eMail that identified the offended employee as Brown Sugar.

Fortunately, employers can take steps to prevent lawsuits stemming from inappropriate or offensive employee eMail. The experts at ePolicyInstitute.com recommend employers implement written ePolicies that prohibit the use of language that is racist, sexist, obscene, harassing, menacing, or in any way offensive or inappropriate. In addition, employers would be wise to outlaw the telling of jokes via eMail. Even when they do not contain objectionable language, jokes can easily be misconstrued, resulting in hurt feelings and potential legal action.