Emojis In The Workplace: Harmless Fun Or Something Else?

The first emoji was created by Shigetaka Kurita in 1999. It consisted of a pixelated heart that contained a total 144 dots. Technology has advanced significantly in the last two decades, and the variety exists now to support entire conversations consisting of one or two of these whimsical characters. However, emojis can often carry double meanings. With the increasing adoption of remote work policies and use of electronic messaging platforms, should employers be concerned that their employees may inadvertently open the door to a lawsuit?

Title VIII of the Civil Rights Act and other federal and state employment laws prohibit illegal harassment in the form of a hostile work environment. The U.S. Supreme Court has stated that illegal harassment is actionable if it is "sufficiently severe or pervasive to alter the conditions of [the victim's] employment and create an abusive working environment." The issue surrounds whether the use of emojis in the workplace, which are