According to a survey, nearly two-thirds of people in the United States and over 2 billion people worldwide own smartphones. For some smartphone users, their phones are their only avenue of access to the Internet. Alongside the rapid spread of mobile devices is the increase in the number of people using online dating websites. Current studies show that 22 percent of to year olds use online dating sites and apps. It stands to reason that at least some employees are using their personal smartphones or company-provided devices smartphones, laptops, tablets, etc. This situation presents myriad concerns for employers, from the risk of data loss to privacy issues to the possibility of harassment liability. Worse yet, a supervisor using such a dating app may come across the matched profile of a subordinate employee.
The typical claims against the internet dating service may be for breach of contract, negligence, deceptive trade practice, Lanham Act violation, failure to warn, invasion of privacy, defamation, or fraud.
It is important to note that each of the aforesaid claims requires specific elements and supporting evidence to pass muster in court. These terms and conditions usually mention that the service cannot guarantee and assume responsibility for verifying the accuracy of the information provided by users.
In order to hold the online dating service liable for breach of contract, the plaintiff must allege that it has breached a promise that was actually part of the contract. In another case, an unknown person posted a personal profile of an actress without her knowledge, consent, or permission.
The actress filed a lawsuit against the online dating service for invasion of privacy, misappropriation of the right of publicity, defamation, and negligence.
In failure to warn cases, a valid claim requires a duty to warn, a breach of that duty, and injury proximately resulting from the breach. If the danger is open and obvious, there is no duty to warn and the risk is obvious when the danger is known by the consumer. In other cases, violations can rise to the level of cyberharassmentcyberstalking or cyberbullying.
Social Media Liability. According to NBC News, the tech industry is pushing back in the case. The companies say Herrick is trying to skirt the protections of free speech online. In the beginning, it was just about Herrick trying to get some peace. He alleged that his ex-boyfriend used the dating . A Ugandan lady, Sharon Godwin, has taken to social media to share dating tips for all single ladies out there. Sharon is of the belief that men between the age of 19 - 27 are liabilities, and ladies should avoid dating them. She says they are either a mama's boy, stuck on their ex, cheat and party constantly, and have no plans for their future. Apr 27, An Ugandan lady, Sharon Godwin, dished out relationship advice to young single ladies. According to her, single ladies would avoid dating men between age because the are not yet fully grown. In her words; "AVOID dating men between the age of They either typical mama's boy, stuck on their ex, cheat the most, [ ].
In fact, cyberbullying has many manifestations, including, but not limited to, Instant Messenger, websites, e-mail, or text messages. Unfortunately, law enforcement agencies lack the technology or resources to focus on internet-based harassment, stalking or bullying.
In some cases, advocates have argued that online dating services should run background checks on their members. Alongside the rapid spread of mobile devices is the increase in the number of people using online dating websites.
Current studies show that 22 percent of to year olds use online dating sites and apps. It stands to reason that at least some employees are using their personal smartphones or company-provided devices smartphones, laptops, tablets, etc.
This situation presents myriad concerns for employers, from the risk of data loss to privacy issues to the possibility of harassment liability.
Jan 05, In general, the online dating services require their members to submit a profile, which may include personal information (e.g., name, email address, date-of-birth, and photos). As a result, the internet dating service may be sued by its members or third parties for various legal claims. Professional liability insurance protects your dating service from claims of professional negligence. It covers professionals, their partners, their employees and the partnership or corporation for damage caused by providing or failing to provide professional services. Alongside the rapid spread of mobile devices is the increase in the number of people using online dating websites. Current studies show that 22 percent of to year olds use online dating.
Worse yet, a supervisor using such a dating app may come across the matched profile of a subordinate employee. The situation is freighted with sexual harassment risk. What is a love-wary employer to do?
Here are three considerations that employers should keep in mind and the potential sexual harassment issues that could arise in this new age of the mobile dating workforce.
Monitoring Company-Provided Smartphones.
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In addition, to ward off potential sexual harassment issues, employers will probably want to ensure their mobile device policies prohibit or restrict employees from downloading apps that are not business related. Employers must also consider the risks involved when employees use their company-provided devices before or after working hours and outside of the workplace.
Employers should educate their employees on these policies, make their expectations explicit, and, importantly, make sure that employees are aware of whether and to what extent the employer is monitoring the device. BYOD Policies.
Employers with bring-your-own-device BYOD programs face a number of issues. BYOD programs allow employees to use their own mobile devices for work-related purposes-for example, to stay connected to, access data from, or complete tasks for their employers.
While BYOD programs have their advantages from the standpoint of increased productivity and moralethey also bring privacy and security challenges. Employers would thus need to be careful in any attempts to monitor the information, apps, and data that are on such devices.
Nevertheless, if the benefits of a BYOD program outweigh its costs, employers should make sure to caution employees on how they may use their devices during working hours and while in the workplace.
Workplace Romance Policies and Love Contracts.
A survey found that 37 percent of workers had dated coworkers and 25 percent of those workers had dated an individual in management who was, in some cases, their supervisor. Given the risks, employers should consider implementing policies, in addition to their sexual harassment policyoutlining expectations of employee conduct with regard to romantic relationships with coworkers and perhaps even romantic relationships with third-party individuals such as employees of vendors.