Put a stop to cellular nude photos.

Byline: ON THE JOB by Bureau of Labor and Industries For The Register-Guard

Question: I manage a restaurant and bar and recently a situation has come to my attention that I feel like I should do something about, but I'm not sure what.

Last night at work a waitress, Shelley, received a photo message on her photo cell phone. Shelley's phone was sitting on the counter in one of the staff areas and I caught a glimpse of the photo. It was a picture of Fred, one of the bartenders, and I was shocked to see that he was - well - in his birthday suit. And it was a full body picture!

Maybe I'm just old-fashioned, but it just doesn't seem right that the staff should be sending these kinds of pictures to each other, especially on company time. And I wouldn't swear to it but it appeared that Fred was in one of the storage rooms next to the bar when he (or someone else?) snapped the picture.

I try not to meddle in the employees' business, but should I say something to them - or at least to Fred since he sent the picture - about what I saw? Also, does it matter that they are using their own cell phones to send messages?

Answer: You should definitely talk to both Fred and to Shelley about the inappropriate picture of Fred that you viewed on Shelley's picture phone. And since Shelley received the picture while at work, and the picture is of a co-worker, the fact that Fred and Shelley are using their own cell phones does not absolve you of your duty as a manager to investigate the inappropriate conduct and do what is necessary to put a stop to it.

Here are the concerns that you as a manager need to address as part of your investigation of this situation: Is this the first time something like this has happened, or has Fred (or any other employees) sent inappropriate pictures to co-workers before? Was Shelley offended by the picture, or did she welcome it (whether it was because she found it amusing or titillating really does not matter)? Did Fred send the picture to other employees, and if so did each of them welcome receipt of the picture? Did other employees inadvertently view the picture (or the taking of the picture), and were other employees offended by it? Was Fred in the storage closet when the picture was taken? Were any other employees involved in taking and/or sending the picture?

Even if Fred and Shelley were willing participants in this matter, other employees may be inadvertently exposed to the picture (just as you were) and be offended by it. But even if all your employees claim to have "welcomed" the photo, it is still totally inappropriate in a workplace setting. Therefore it is important that you, as the manager, do what is necessary to end the obscene photo exchange now that you are aware of it. This also holds true for any other inappropriate cell phone picture traffic you find out about during the investigation. Situations like this one could support a claims of "hostile environment" discrimination if an employer "knew or should have known" about the inappropriate conduct.

Of equal concern to you should be the fact that Fred, as a bartender, finds the time while on duty to go to the storage closet, undress, and transmit nude photos of himself. Why is he not utilizing slow times at the bar to restock supplies or do other duties for which he is responsible? And what else might be going on in the storage closet that perhaps is not appropriate for the workplace?

Of course, every employer should have an anti-discrimination/anti-harassment policy included in the employee handbook, and take all reasonable steps to ensure that employees are familiar with the policy and understand what types of actions are inappropriate in the workplace (for example, distributing the policy to employees, allowing employees the opportunity to review it and ask questions, conducting companywide training, and training managers on how to respond to harassment issues).

In order to prevent similar situations from occurring in the future, keep in mind that an employer may regulate picture traffic on cell phones just as the employer may limit an employee's use of office computers, the Internet, office phones and other office equipment to work-related use and minimal - but appropriate - personal use.

On The Job is written by the staff of the Oregon Bureau of Labor and Industries. Phone BOLI at [phone], or write to BOLI, 800 N.E. Oregon St., No. 32, Portland, OR 97232.