They warn that this could lead to a legal dispute.
Be careful when using emojis or emoticons in text messages directed to a work group, as they may result in a lawsuit for discrimination.
Labor lawyer Jaime Sanabria explained on social media that sending emojis in a group chat could cause misunderstandings and that it is better to conduct work conversations without using these emojis.
“Did you know that in an employment discrimination lawsuit, the party filing the lawsuit can use different emojis that you sent them during the trial or litigation? An emoji, for example, that I might send in a work chat ‘To my colleagues,’ could be a little face with two hearts In his eyes, ‘Do you have any idea how to receive the people in that chat?'” Sanabria explained.
He added: “Sometimes, I’m not saying this is the norm… but the person receiving the emoji may interpret it as an unwanted sexual advance… and that person may feel uncomfortable.”
Related Story: Is an emoji worth a thousand words?
Another example the lawyer mentioned was that other emojis could be used to make people believe they are being bullied and even harassed.
“Similarly, a pig emoji you send to someone who is Muslim could offend them and see it as a suggestion of relaxation or discrimination based on religion.”
One case that actually occurred in New York City was Bellue v. East Rouge Sheriff where an employee was sued for sexual harassment after he sent a message to another co-worker commenting on his appearance followed by a winking emoji.
Sanabria stressed that it is important for an employer to set rules about the use of emoticons and emojis in work conversations.
“Whether it’s Whatsapp, Slack, Messenger or Email because the reality is that these communications do not contain verbal language and to the extent that they do not contain it, they can be misinterpreted, taken out of context and used in a discrimination claim even though it was never the intention to file a lawsuit,” he said. Judiciary of this kind.
Employment lawyers urged employers to maintain a policy of professional use only in employment conversations to avoid discrimination lawsuits in the future.
Related story: Consensus among powerful people in technology on need to regulate AI
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