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porn in workplace

One employment law topic that never seems to go away is pornography in the workplace. When the issue invariably arises, I remember my first attorney job out of law school. I began working at a medium-sized law firm. One partner I frequently worked with was a brilliant, chain-smoking, gruff, old white-collar defense and First Amendment attorney. One day, I swung by his office to talk about a case and he had some porn on his computer honestly — I was there just to talk about a case.

Most, if any, employees cannot make the same argument when it comes to accessing porn in the workplace. Yet often times employers fail to properly investigate instances of employees using company time or resources to access pornography.

Workplace misconduct, including viewing or accessing pornography using employer-provided resources needs to be taken seriously and carefully investigated. For more information about best practices for preventing such misconduct or properly investigating employee misconduct, contact employment attorney Jason Shinn. Shinn routinely collaborates with businesses and their HR professionals to address federal and Michigan employment law issues, as well as planning and conducting workplace investigations of potential misconduct.

Instead, employers should first cover the issue in an employment policy manual and potentially in a separate technology policy agreement, with express prohibitions against it and explaining that violations may result in discipline, up to and including discipline.

Together, management and legal counsel can take the appropriate steps to reasonably investigate the issue. Third, taking the KNBR notice at face-value and building on the preceding point, KNBR did the right thing in taking the offending computer out of service. Fourth, a real concern that employers need to carefully evaluate is whether any pornography discovered in the workplace involves children. If so, the need to inform law enforcement should take immediate priority.

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