The Massachusetts town of Sherborn amended its sexual harassment policy to take into account its workers' use of social media, even outside of the workplace. The town's change in policy comes amid the increasing prevalence of socially-aimed technology, including Facebook, Twitter and text messaging, which can create a grey area for sexual harassment claims.

Sherborn is just the latest public employer to regulate inappropriate online behavior. For example, a Massachusetts long-term substitute teacher was recently fired after the school discovered questionable communications with his student "friends" on Facebook.

The Changing Circumstances of Sexual Harassment Claims

Overt sexual harassment, such as direct statements like "sleep with me or you're fired," is becoming rarer in the workplace. Yet sexual harassment still exists, but it simply has become more subtle. Generally, sexual harassment often occurs because a worker or supervisor created a hostile work environment. Inappropriate comments and behaviors can be exacerbated through online social media.

In a MSNBC interview, Rick Brenner, a Cambridge, Mass. workplace politics expert, said a pattern of electronic messages, through Facebook, texting and even personal emails, could cause problems for other employees. The lack of emotion associated with internet communications may also complicate otherwise innocent messages. For example, complimenting a co-worker's new haircut at work may have an entirely different meaning if sent from a personal email after regular work hours.

An employee's workplace should be free of any communications, whether online or not, that constitute sexual harassment. As the Sherborn harassment policy states: "Commentary, content, or images that are pornographic, harassing, discriminatory, or that could create a hostile work environment for co-workers, even when used in the context of a personal posting, may violate the equal employment or sexual harassment policies, and may be grounds for disciplinary action.''

Filing a Claim for Sexual Harassment

Sexual harassment is a type of employment discrimination where an employee receives unwelcome sexual actions or behaviors, either physical or verbal, that are either severe or pervasive. It can occur to both men and women of any sexual orientation.

If you have been sexually harassed or been the victim of sex discrimination at work, you do have the right to end the hostile work environment and receive compensation. It is against the law to fire an employee for bringing a sexual harassment claim. Contact a lawyer experienced in sexual harassment lawsuits to discuss your case.