Long Beach, CA asked in Employment Law for California

Q: In the work place, can inappropriate comments on social media by customers count as a hostile work environment?

I contribute to the company's social media accounts and will occasionally see inappropriate comments on our social media pages and in our private Facebook group. Some comments are sexist or sexual in nature, and make me uncomfortable. My boss does nothing to curb this conduct from customers. Would this count as a hostile work environment?

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3 Lawyer Answers

A: Your employer has a legal obligation to protect you from sexual harassment, even by customers. Whether you have a meritorious claim for sexual harassment would depend on whether the sexually charged content was severe or pervasive. The term hostile work environment is not as broad as you imagine.

It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you go to this site, or to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Brad S Kane agrees with this answer

A: There have been many recent cases about just this kind of situation, and the employer is required to prevent a sexually hostile environment that is pervasive or severe. You should contact an attorney practicing in this area of law right away. Thank you for using Justia ask a lawyer.

James L. Arrasmith
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Answered

A: I am an attorney licensed in California, and I can provide some general information regarding your situation. Inappropriate comments made by customers on social media may contribute to a hostile work environment, depending on the circumstances. A hostile work environment generally refers to an environment in which discriminatory or offensive conduct is severe or pervasive, creating an abusive or intimidating atmosphere that interferes with an employee's ability to perform their job. It is important to note that an isolated incident or occasional inappropriate comments may not meet the legal threshold for a hostile work environment. However, if the comments are frequent, severe, and create an ongoing pattern of harassment, it may be worth discussing your concerns with your employer or consulting with an employment attorney who can evaluate the specifics of your situation and provide appropriate legal advice. - James L. Arrasmith, Owner and Chief Legal Counsel of The Law Offices of James L. Arrasmith.

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