"Court: Employer Awareness of Employee's Child Porn Web Visits Created Duty to Act," BNA Inc. Privacy and Security Report
In an important decision for employers that monitor employee computer use, a New Jersey appeals court ruled Dec. 27 that an employer that suspected an employee was accessing child pornography Web sites at work had a duty to take action (Doe v. XYC Corp., N.J. Super. Ct. App. Div., No. A-2909-04T2, 12/27/05). The ruling revives a negligence claim brought by the employee's wife on behalf of her daughter against the employer. The then-10-year-old daughter's nude and semi-nude pictures were uploaded from her stepfather's work computer at a company identified as XYC Corp. New Jersey Superior Court's Appellate division said an employer can be found liable when it is aware that employees are accessing pornography at work and does nothing. Quotes from Littler Shareholder Phil Gordon.