Workplace sexual harassment cases in New York (and beyond) often appear pretty cut and dry to objective observers. For instance, a boss may make outrageous comments in the office or grab or grope an employee, sometimes to horrific effect.
That said, when it comes to more impersonal modes of communication, like text messaging, it can be more challenging to prove misconduct or wrongdoing. Was a weird comment or awkward picture harassment… or a glitch or typo?
Context is crucial. If your boss has a habit of ogling you at work, asking you out and making inappropriate comments about your boyfriend… and then he texts you a nasty picture or veiled sexual innuendo… such text messages could likely be considered evidence of harassing behavior.