How can HR help prevent potential problems, like harassment claims, associated with emoji use at work?
Quick Answer
Address the appropriate use of emojis in your employer handbook, and specifically address acceptable emoji use in detail as part of regular periodic anti-harassment training. Make it clear to employees that violation of your established policy relating to emoji use will result in prompt disciplinary action.
Legal Perspective
Norton Rose Fulbright
Houston, Texas
This is difficult because it requires an assumption that people know what emojis mean, especially if it’s not clear to everyone what the social connotation of it is, says labor and employment attorney Jamila Mensah, a partner at the global law firm Norton Rose Fulbright.
Some people of different generations have no idea about what some emojis signify in popular culture.
Plus, when you’re talking about harassment, there’s a subjective and an objective element. It has to be objectively and subjectively offensive.
Emoji use can be very workplace-specific. Some workplaces don’t use emojis at all, even in chat communications. Others use the standard emojis, like happy face, sad face and mad face.
An HR policy doesn’t have to be specific to emoji use. It can be on professionalism and acceptable, respectful communication within the workplace. Many policies on respectful workplace communication say something along the lines of:
- “Be mindful of the language you use,” and
- “Engage with colleagues in a respectful manner.”
These directives are broad on purpose because the organization wants to leave itself room to police these things when they’re getting out of hand.
So you could add a line, like “This includes any type of verbal and visual communication, including words, emojis, expressions, etc.” This lets workers know that emojis are not excluded from the respectful workplace communication policy.
Relevant Case Law
Mosley v. Preston Cycles West, LLC
Lightner v. Catalent CTS (Kan. City), LLC
Dragonite v. South Lake Clinic, PA
HR Insight
Goodwill Central Texas
Austin, Texas
Providing a Business Email Etiquette resource to employees would be helpful, Chief People Officer Kristin Ruff says. This resource would outline:
- the appropriate use of emojis
- how to be aware of cultural differences and emoji meanings across other cultures
- how to consider the impact on others – how will this be received?
- how to respect boundaries and not invade someone’s privacy or make them feel uncomfortable
- how to be mindful of workplace communications, and
- how employees should minimize emojis in a professional setting.
TBM Inc.
Dallas, Texas
Establish clear communication policies that address the use of communication tools including emojis, says HR Manager Susana Crawford.
Stress the importance of maintaining professionalism in all communications. Educate employees on the potential for misinterpretation of emojis. Monitor communication channels and encourage employees to report harassment or discrimination related to emoji use.
Creative Metal Products
Oshkosh, Wisconsin
If this is a reoccurring problem in your company, it may be easiest to create a policy not allowing emoji use in emails, says HR manager and safety coordinator Caterina Cortese. Then you do not have to deal with attempts of harassment or discrimination.
If you feel that creates a sense of micromanaging, you may decide to provide two emojis that employees can use, such as a smiley face and a thumps-up.
The Cost of Noncompliance
Director’s Email Included Winking Emoji: Employer Pays $90K
Who was involved: Ohio University, a public university in Ohio, and a graduate student.
What happened: The graduate student alleged that a director at the university created and maintained a sexually hostile work environment by, among other things, sending her an email that included a winking emoji.
Result: The university agreed to pay $90,000 to settle the lawsuit.
Info: Herman v. Ohio Univ., 11/22/19.
Key Takeaways
- Educate employees about the fact that emojis are capable of being misunderstood and may offend the recipient.
- Address proper emoji use in employment handbooks and during regular anti-harassment training.
- Promptly address any complaint raised with respect to the use of emojis and take prompt remedial action when needed.
- Decide whether to restrict emoji use to a predetermined list.
- Encourage employees to use emojis in moderation and to ask for guidance if they are unsure whether the use of a particular emoji is permissible.