Employers allow employees access to the Internet to get cost-effective access to information and open up new business opportunities for the company. This can, however, lead to risks and costs that can be reduced by planning . Employees may spend their time "surfing the 'net," rather than working, leading to productivity losses, or they may involve the employer in other problems, such as sexual harassment, libel, or trademark or copyright infringement. Employers should have a policy on Internet use, just as one is needed for E-mail use.
As computers began to appear on most employee's desks, employees have been found playing computer golf or other games, complete with a button that pulled up an innocent-looking spreadsheet when a supervisor appeared. These games came with the system or were loaded on by employees. In either case, the employer controlled the machine and could limit opportunities for play at work.
Inappropriate Internet sites cannot, however, be eliminated from the Internet, and if an employee can get on the Internet, he or she can get to the site, whether it is the latest "sex site," a soap opera chat room, or a hypothetical baseball league. This can reduce productivity and, if publicly known, be embarrassing to the employer, as happened when surveys reported that employees of major corporations were among the highest users of the Penthouse website. Also, downloading or displaying sexually explicit material can lead to charges of a hostile work environment constituting sexual harassment for which the employer may be liable.
An employer should have a policy on Internet use. One extreme would permit only business use of the Internet. One could allow periods of personal use, but prohibit access to inappropriate sites. The policy should notify employees that Internet access may be monitored; it should be a condition to holding a job with Internet access that the employee expressly consent to monitoring. Employees should be reminded that Internet activity is recorded.
Employees should also be warned about copyright issues that can arise out of downloading. Because an infringer can be liable without regard to intent, the employer could be liable for the employee's infringement.
For more information, contact Lee Lundy at 410/752-9705 or Joe Bellew at 410/752-9756.