An Employer Is Responsible For Employee's Pornography

In Doe v. XYC Corp., __ N.J. Super. __ (App. Div. 2005) [decided December 27, 2005], the Court noted that it is a crime, both state and federal, to possess or view child pornography, N.J.S.A. 2C:24-4b(5)(b); 18 U.S.C.A. § 2252, § 2256(8)(B); and held that given the public policy against child pornography, as reflected in these statutes, and the fact that "public policy favors the exposure of crime," an employer has a duty:

(1) to exercise reasonable care to stop an employee's viewing of child pornography at work, whether by termination or some less drastic remedy; and

(2) to report an employee's activities to the proper authorities.

The Court also held that an employer's right to monitor computer use at work trumped an employee's privacy interest.

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