Is it legal for an employee to his/her cell phone to send and receive pornographic pcitures and video?
1 Answer from Attorneys
Depending on the circumstances, sending inappropriate photos to a co-worker would probably meet the standard of sexual harrassment if they were unsolicited, unwelcome, and sent by a supervisor or manager. If the photos were sent by a non-supervising co-worker, it could give rise to a hostile work environment claim, provided that the company knew or should have known about the conduct in question.
I have previously handled cases involving inappropriate text messages and photos. If you would like to discuss this matter in a free consultation, please contact my office via email.