Social media often blurs the lines between personal and professional interactions. When a co-worker engages in sexual harassment through social media, it raises important legal questions about whether such conduct is actionable under California employment law.
Ultimately, employees who experience inappropriate messages, unwanted advances, or other forms of online harassment from a colleague may have opportunities for recourse, especially if their employer doesn’t sufficiently put an end to the concern and address it appropriately.
The basics of sexual harassment
Sexual harassment in the workplace is prohibited under both federal and California state law. California’s Fair Employment and Housing Act (FEHA) defines sexual harassment as unwelcome conduct of a sexual nature that creates a hostile work environment or leads to adverse employment actions.
Sexual harassment generally falls into two categories:
- Quid Pro Quo Harassment – When job benefits or employment conditions are linked to submitting to sexual advances.
- Hostile Work Environment – When unwelcome sexual behavior creates an intimidating, offensive, or hostile work environment.
Sexual harassment does not have to occur in the physical workplace to be actionable. Inappropriate conduct outside of work, including harassment on social media, can still contribute to a hostile work environment if it is egregious or pervasive enough to render one’s working situation objectively hostile.
While personal social media accounts are generally considered private, harassment by a co-worker on platforms like Facebook, Instagram, X or LinkedIn may be actionable under employment laws if:
- The harasser is a supervisor or has influence over the employee’s job.
- The harassment is severe or pervasive enough to be considered objectively intimidating.
- The employer is aware of the harassment and fails to take corrective action.
For example, if a co-worker repeatedly sends inappropriate messages, makes sexually suggestive comments or posts derogatory remarks about a colleague online repeatedly, it may create a hostile work environment. And especially if the harassment continues despite the victim’s objections, it can form the basis of a legal claim.
Victims of workplace-related sexual harassment on social media may have grounds to file a complaint with the California Civil Rights Department (CRD) and/or pursue a lawsuit for damages. Legal remedies may include compensation for emotional distress, lost wages and workplace protections against retaliation.
Sexual harassment is unacceptable in any form, including online interactions. Employees have the right to a safe and respectful work environment, and social media is not permitted as a tool for harassment.
