Textual Harassment in the Workplace: Risks for Small Business Owners – Part I
Digital communication has grown increasingly prevalent in today’s workplace creating new avenues for harassment. Textual harassment, encompassing electronic forms of abuse and bullying, poses significant risks to employee well-being and business integrity. In part one of this blog post, we aim to explore the nature of textual harassment and its potential consequences. In part two, we will discuss actionable best practices for small business owners to mitigate this harmful behavior.
Understanding Textual Harassment
Managers and co-workers exchange phone numbers to communicate quickly and effectively and most employers even provide employees with company-issued devices to facilitate swift business communication. Harassing supervisors and co-workers can use these additional avenues to engage in bad behavior that leaves a written record.
A 2021 Pew Research Center survey of U.S. adults found that 41% have personally experienced some form of online harassment.
There are no specific statistics on textual harassment in the workplace, but there is relevant data regarding general online harassment. A 2021 Pew Research Center survey of U.S. adults found that 41% have personally experienced some form of online harassment. We would be remiss to believe that this behavior is not observed in the workplace.
What is Textual Harassment?
Textual harassment, also known as electronic harassment or cyberbullying, refers to the use of digital communication such as email, text messages, instant messages (or chat messages), and social media to engage in harassing or abusive behavior towards an individual. This can include (but not limited to):
Sending offensive or derogatory messages, to include “sexting,” racially derogatory remarks, sexually explicit photos or videos, or vulgar jokes.
Making physical or career advancement threats.
Spreading rumors, false information, or private information about someone.
Embarrassing someone purposefully.
Engaging in unwanted advances, unwanted flirtation, or requests for sexual favors.
Stalking.
Sexually harassing someone.
Messaging frequently outside of work hours (weekends or before/after work shifts).
Threats of property damage, violence, or harm.
Anything that makes someone feel upset, anxious, or scared.
Presumably, the workplace is not exempt from these bad behaviors. The unfortunate part is that since 2014 there has been a increasing share of adults who have experienced more severe forms of harassment by an additional 10%. These negative behaviors are not improving as the data show – they are progressively getting worse.
The Risks Involved
Textual harassment in the workplace can have serious consequences for both employees and employers. The risks associated with textual harassment are significant to include creating a hostile work environment, damaging employee morale, and potential legal liabilities and reputational harm for your business. Per federal law, employers with 15 or more employees are subject to protecting employees from harassment, but requirements may be more stringent per state law.
From a legal standpoint, the Equal Employment Opportunity Commission (EEOC) states, “the employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages.” Employers may be held liable for failing to address instances of textual harassment in the workplace, leading to costly lawsuits, damage to the company's reputation, and loss of business opportunities.
The Cost of Bad Behavior
It's crucial for small business owners and entrepreneurs to take proactive measures to prevent and address textual harassment within their organizations. Fifty-seven percent of employees cited harassment or misconduct as a reason or contributing factor for leaving an organization. The cost of textual harassment extends beyond its immediate impact and can be irreparable for small businesses. When bad behavior is allowed to continue the following can result:
Employees grow distracted and struggle to complete their work tasks due to reduced psychological safety, increased fear, stress-induced psychological and physical illness, time spent looking for another job, and decreased work quality.
Employees may suffer from emotional distress, anxiety, and decreased job satisfaction, leading to decreased productivity and increased turnover.
Productivity loss due to counseling those who are targeted, disciplining aggressors, reorganizing teams, recruiting replacements, holding meetings, and conducting investigations.
Tangible costs such as absenteeism, turnover, increased healthcare costs, and training.
Legal costs ranging from thousands to hundreds of thousands per case. For reference, the EEOC recovered $299.8 million for 8,147 people between 2018-2021 for sexual harassment claims alone, which was an increase of $104 million from the previous three-year period.
Communication breakdown and loss of trust among employees can impede organizational progress and hinder long-term success.
If left unchecked, can escalate into more severe forms of harassment or even physical violence, posing a threat to the safety and well-being of employees.
Conclusion
As we discussed, textual harassment poses a significant threat to your small business. In part two we will discuss best practices for prevention and how small business owners can create a safe and respectful workplace environment for everyone on your team.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
