I caught a co-worker watching porn durning work hours

I am a manager at my place of work and found another manager watching porn on his work computer during work hours. My assistant also found him doing the same thing several days later. HR has been informed but hasn’t done anything and it’s already been 2 weeks. What legal options if any do I have? I am not comfortable with this employee.

Asked on August 23, 2016 under Employment Labor Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A company can set the terms and conditions of the workplace much as it sees fit. This, unfortunately, includes not taking disciplinary action against an emplyee who has been reported to watch pornography during working hours. While not doing so is unusual since most business's would take immediate action for such a thing, it is not against the law to allow a worker to do this. That is so long as such not taking action in this situation violates a union/collective bargaining agreement or employment contract. Also, it must not constitute some form of legally actionable discrimination, which it does not appear to. Bottom line, if no action is taken against this manager, you can either put up with his behavior, complain further but possibly risk your own termination, or quit.


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