by Eric Wolf

Created on: October 21, 2008   Last Updated: September 05, 2009

Within legal boundaries, what you say and do in the privacy of your own home is your business. Particularly when it comes to digital information, that privacy and moral flexibility does not extend to the workplace. Common sense dictates that your actions in a public place are no longer private. People by nature consider their surroundings before saying or doing something that would embarrass themselves or offend others. When it comes to the workplace, the burden of maintaining a politically and morally correct environment falls on the employer as well as the employee.

As access to the Internet becomes more prevalent, businesses must take increased care to clearly define what content is legal, allowable and appropriate. Something as simple as a verbal warning will often suffice, but documented sensitivity training is becoming the standard for most businesses. Human resource departments have established comprehensive rules for conduct and often simple tests are administered to make sure the employee understands and his or her responses are recorded.

In the digital age, the record of an the discussion can be important. If an employee views a website that another employee finds offensive, the record of that site visit can become hard evidence in a court of law. It's an attorney's dream to build a case with such evidence. Because the employee was not only at the workplace when the offence took place, but using the employer's equipment to commit the offense both will be held liable for the action. Only unambiguous evidence of the fact that the employee clearly understood stated rules against such conduct will limit the employer's liability.

Employers can also seek to limit the content that is available to the employees, but this can be an even heavier burden. Determining which content to block and how to effectively block may represent an overwhelming task. The censorship of information will pose a difficult ethical situation for an employer. In addition, blocking unwanted content while still maintaining open access to the Internet can be virtually impossible.

The appropriate use of digital communications such as email and text messaging is another area that must be clearly understood by the employee and it is the employer's responsibility to set the guidelines. Many employees need to be taught that text based communications can be more often misinterpreted than spoken communications because other verbal and body language cues are not present. An offhand remark while both parties are laughing can have a markedly different connotation when viewed as an email message on a bad day. It is also necessary for the employee to understand that once the email is sent, there is little control over who else sees it. And again, there is a digital record of this communication that lasts far longer than the spoken word.

In this digital age, it is the responsibility employers to guide their employees on the proper use of information systems. Without such guidance, the workplace can become an offensive atmosphere with significant ethical and legal consequences for the employer.

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