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Legal "Ram"-ifications
This section is designed to advise members of the University community about compliance issues, "legal alerts", current topics in higher education law, and new and interesting cases that may inform and instruct members of the University community and guide management operations. If there is a particular topic a member of the University community would like to see covered, please Email the request to tdejulio@fordham.edu
Recent advice from the National Institute of Business Management, Inc., "YOU AND THE LAW", Vol. 32, No.4.
E-MAIL MESSAGES CAN FORM BASIS OF BIAS SUIT
(See Owens and Hutton v. Morgan Stanley & Co., Inc. SDNY, 96 Civ.9747)
The growing popularity of E-mails and their unmonitored use place employers at greater risk. Because E-mail communication appears to replicate voice communication, many forget that they are "documents" discoverable in employment discrimination lawsuits. Improper use of E-mails not only is a violation of Fordham University's Information Technology (IT) Policy, but can lead to claims of discrimination and hostile work environment.
Employees cannot rely on a perceived right to "private communications" when using University resources to convey information that is inconsistent with the purposes, objectives, and mission of Fordham University.
Legal Alert: Do not assume your E-mail messages will not ever be seen by someone other than the person to which it was directed. The most fertile evidence of actual or alleged discriminatory intent can be discovered in informal banter often found in E-mail "conversation" that reveals sexual comments or jokes, romantic desires and preferences, and stereotypical images. Such comments are not consistent with the purpose, objectives and mission of Fordham University, and violates acceptable standards of employee conduct. |
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