With the prevalence of mobile devices, text messaging has become one of the most common forms of communication. However, sometimes text messages can cross the line and become harassing or abusive. Understanding what constitutes harassing texts is important to avoid sending inappropriate messages and to recognize when you are being harassed via text.
What is the legal definition of harassment?
Legally, harassment refers to unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals.
Types of Harassment
There are several types of unlawful harassment defined by law:
- Quid pro quo harassment – Where employment decisions or expectations, such as raises, promotions, assignments, and other opportunities, are based on an employee’s willingness to grant or deny sexual favors to a supervisor or manager.
- Hostile work environment – Where unwelcome comments or conduct based on race, sex, age, disability, religion, etc. unreasonably interfere with an employee’s work performance or create an intimidating or offensive work environment.
- Third-party harassment – Where non-employees, such as contractors or customers, harass employees in the workplace. Employers may be liable if they fail to take immediate and appropriate corrective action within their control.
- Harassment by text – Where harassing messages are sent to an employee via text messaging outside of work hours. If the content of the texts is related to the work environment or the employee’s membership in a protected class, it may contribute to an unlawful hostile work environment.
What makes a text message harassing?
Harassment refers not just to specifically discriminatory remarks, but also to speech or conduct that creates a hostile or intimidating environment. When it comes to text messages, harassment could include:
- – Insults, slurs, negative stereotyping, or threatening language
- – Sexual comments, jokes, or propositions
- – Graphic comments about a person’s appearance
- – Unwanted flirting or advances
- – Requests for intimate photos or other inappropriate personal information
- – Threats of physical violence
- – Constant unwanted messages at all hours
- – Cyberstalking
- – Extortion or threats to publicly humiliate the recipient
- – Repeatedly asking for dates after being rejected
- – Spreading rumors or lies about the recipient
- – Criticisms or attacks based on protected characteristics like race, gender, age, disability, etc.
Context Matters
However, context makes a difference. A message that seems harassing to one person may be considered appropriate by someone else. Factors like the relationship between the sender and recipient, their past history of communication, the broader social environment, and power differentials between them can shape whether a specific text seems harassing or not.
For example, sexual comments from a significant other may be welcome, while similar remarks from a coworker or supervisor could contribute to a hostile work environment. Or a message sent with positive intentions may cause inadvertent harm because the context is misunderstood.
Examples of Potentially Harassing Text Messages
Here are some examples of text messages that could potentially constitute harassment or contribute to a harassing environment:
| Type of Harassment | Example Text Message |
|---|---|
| Unwanted sexual advances | “Hey beautiful, looking hot today at work. Want to go out for drinks later?” |
| Sexual jokes | “Did you hear the one about the [offensive sexual pun]?” |
| Racial slurs and insults | “I can’t believe they hired you. They’ll give a job to any [racial slur] these days.” |
| Requests for intimate photos | “Send me a sexy selfie baby.” |
| Graphic comments on appearance | “Your skirt today is so tight, it really shows off your [body part].” |
| Threats of violence | “You’ll regret filing that complaint about me. You just made a huge enemy.” |
| Constant unwanted messages | [15 missed calls] “Why aren’t you answering me???” |
Factors that Increase Risk of Harassment by Text
Certain factors can make harassment by text message more likely:
- – A large power differential between sender and recipient (boss to employee, teacher to student, etc.)
- – No prior relationship or friendship between sender and recipient
- – Sender has previously ignored social cues or requests to stop
- – Message sent outside of normal work/social hours
- – Content would offend a reasonable person in the recipient’s position
- – Threatening or vulgar tone
Low Risk Situations
On the other hand, some factors suggest text messages are less likely to constitute harassment:
- – Sender and recipient have an established friendship or relationship
- – Message content continues an existing conversation or inside joke
- – Message sent during typical waking hours
- – Non-threatening tone and language
- – Sender has no power over the recipient’s job, grades, or opportunities
Can you be fired for text harassment?
If you send harassing text messages to a colleague and your employer finds out, you could potentially be fired. Here are some key points:
- – Workplace harassment policies often apply to off-hours conduct.
- – Your personal phone can be searched if you use it for work.
- – Harassing texts contribute to a hostile work environment.
- – Employers aim to eliminate harassment and limit liability.
- – At-will employees can typically be fired for any non-discriminatory reason.
However, employers should conduct fair investigations to determine if misconduct actually occurred before terminating employment. And protections may apply if texts are sent from your personal phone strictly in your personal time on non-work matters. But the line between personal life and work life can often blur with constant digital communication.
Protect Yourself
To avoid getting fired for texts:
- – Don’t use your work phone for personal matters.
- – Keep texts professional if texting coworkers.
- – Avoid potentially offensive speech.
- – Don’t continue texts if asked to stop.
- – Respect anti-harassment policies.
What recourse is available if you are harassed by text?
If you receive harassing or abusive text messages, especially from a coworker, supervisor, or other individual with power over you, you have several options:
Report it
You can file harassment or discrimination charges with the EEOC or state agencies. Or report to your employer’s human resources department or management to take corrective action.
Request it to stop
Directly ask the sender to stop sending harassing messages. Make clear the messages are unwanted and unacceptable. This helps establish grounds for further action if they persist.
Block the harasser
Block the harasser’s number on your phone and social media so you do not see future messages from them.
Save evidence
Keep copies of all harassing texts, voicemails, call logs, etc. as evidence in case you need to demonstrate the extent of the harassment.
Consult a lawyer
An employment lawyer can help determine if your situation legally constitutes harassment, file charges on your behalf, and represent you in potential legal proceedings.
File a lawsuit
You may be able to sue the individual harasser or your employer for monetary damages if the harassment is pervasive and they failed to take reasonable steps to prevent and correct it.
Request restrictions
Ask your phone provider to block or filter calls and messages from the harasser’s number.
Tips for Avoiding Accidental Harassment by Text
Even without ill intent, it is possible to send texts that inadvertently offend, intimidate, or harass the recipient. Here are some tips to avoid accidental harassment:
- Know the recipient’s preferred hours for messaging if possible.
- Reread messages before sending to check tone.
- Avoid content that could offend if taken out of context.
- Don’t make assumptions about the recipient’s receptiveness to certain humor or content.
- Apologize immediately and sincerely if a text is received negatively and avoid repeating.
- If initiating contact, establish if the recipient is open to receiving messages from you.
- Respect wishes if recipient asks you not to text them.
- Keep texts as professional as possible with coworkers.
Conclusion
Harassing text messages involve unwanted content that degrades, threatens, or intimidates the recipient. This could include sexual harassment, racial discrimination, cyberstalking, threats of violence, or other abusive messaging. Employers are obligated to prevent harassment that creates a hostile work environment. If you receive harassing texts, report the sender, save evidence, and consider legal options. When texting others, avoid offensive speech and respect their privacy and wishes.