Legal Question in Sexual Harassment in Massachusetts
Public Access Internet Use Policy and Hostile Work Environment
Our college library is in the process of writing an acceptable use policy for the Internet access we provide on public workstations in the reference room. Would it be acceptable to include a statement about the display of sexually explicit materials in a public area as creating a ''hostile work environment?'' It is my understanding that the behavior must be unwelcome and persistent. Does that mean the same person would have to be repeatedly behaving in this manner or can it be several or many different people subjecting library users to offensive materials? Also, what about library staff? Are staff protected as well (from being subjected to Internet material they find sexually harassing in nature).
Thank you.
1 Answer from Attorneys
Re: Public Access Internet Use Policy and Hostile Work Environment
I am not sure it would be a hostile work environment - because the conduct/internet pages - must be subjectively and objectively offensive. Moreover, the library patrons have no obligation one way or another not to create a hostile work environment for your workers. Also, one act does not constitute a hostile work environment.
But this situation is rather uniqiue, because you're a library - and there might be First Amendment issues. Unfortunately, I don't see how you can protect library employees from all matters that they might find offensive. I do think that you can have a policy that restricts computer use to a time limit - or restricts computer use for potential adult site visits for certain time frames only.
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