Emojis and emoticons are cartoon characters used in digital messages to show facts and express feelings or opinions. Depending on the context, they can be happy, angry, and possibly sexually suggestive. Can emojis be used to sexually harass you? With a broad and sick enough imagination, a harasser could do that, but whether it would be enough to base a lawsuit on depends on the circumstances. https://kingstonlawgroup.com/can-emojis-lead-to-a-sexual-harassment-case/

1. “Insert Article
Title”
Can Emojis Lead to a Sexual Harassment
Case?

2.  Can emojis be used to sexually
harass you?
 What is Sexual Harassment?
 Can Emojis Be Part of Harassing
Conduct or Messaging?

3. ● Emojis and emoticons are cartoon
characters used in digital messages to show
facts and express feelings or opinions.
● Depending on the context, they can be
happy, angry, and possibly sexually
suggestive.
● With a broad and sick enough imagination,
a harasser could do that, but whether it
would be enough to base a lawsuit on
depends on the circumstances.

4. What is Sexual Harassment?
Under state and federal statutes, it’s unlawful
to harass a job applicant or employee
because of their sex. This may include,
according to the federal Equal Employment
Opportunity Commission:
 Unwelcome sexual advances
 Requests for sex
 Physical or verbal harassment of a sexual
nature or about a person’s sex

5. Harassment becomes illegal if it:
 Is so frequent or severe that it creates a
hostile or offensive work environment, or
 Results in an adverse employment decision
(being fired or demoted)
A harasser could be just about anyone in the work
environment, including:
 Supervisor
 Co-worker
 Customer
 Contractor

6. Can Emojis Be Part of Harassing Conduct or
Messaging?
 They could, but the devil is in the details.
 A judge would look at the overall situation,
what emojis are used, the context, and the
frequency of the incidents.
 The plaintiff has the burden to prove sexual
harassment took place.
 In most of these cases, the allegations
weren’t enough for the judge to see the
situation as sexual harassment.

7. What Could Make a Difference?
 The alleged harasser could claim his taco emoji is
just a taco, not a reference to female genitalia.
 If the emoji is an explicit, graphic description of a
sex organ or sexual act, it would be much easier to
make the case sexual harassment took place.They
could, but the devil is in the details.
 If raunchy, emoji-filled texts are accompanied by
graphic, unwanted in-person conversations and
inappropriate physical touching over a long enough
period, a judge or jury would likely find a hostile
work environment.

8.  Under the law, illegal sexual harassment
doesn’t include teasing, offhand comments, or
isolated incidents that are not very serious.
 Often the defense to a sexual harassment
claim is the alleged comments or statements
weren’t made, or if they were, they aren’t so
severe or unprofessional they created an
offensive or hostile work environment.
 If the harasser isn’t a supervisor, the
employer’s liability depends on what
management knew about the harassment,
when, and what they did in response.

9. “Insert Article
Title”
Schedule a Consultation
(609) 683-7400
KingstonLawGroup.com
If you have questions concerning sexual and other workplace
harassment