Possessing or viewing child pornography is illegal under New Jersey and federal law. So, if it is done in the workplace and employers are on notice of it, they must take action.



The New Jersey Appellate Division ruled that companies that monitor employee use of the Internet at work and discover access to child pornography are required to (1) investigate the illegal conduct, (2) take remedial action to end the illegal conduct, and (3) report the illegal conduct to the authorities.

In Doe v. XYZ Corp., the company at issue was on notice that one of its employees was accessing child pornography websites at work. The company was subsequently sued by that employee's wife after she learned that her husband, the employee, molested her 10-year-old daughter from a previous marriage. The wife's lawsuit claimed that the company knew the employee was accessing child pornography at work, but failed to take appropriate action to stop it. Although the appeals court concluded that the company failed to take remedial action or report the illegal conduct to the authorities, it did not determine whether those failures were the proximate cause of harm to the 10-year-old daughter.

Employers Must Be Vigilant

This ruling is significant for all New Jersey employers. If employers are on notice of potential child pornography in the workplace, whether that notice comes from monitoring computer usage or observations of other employees, they have an affirmative duty to investigate and take appropriate action, which may require termination of the offending employee and notification of the authorities. Be sure to contact legal counsel for guidance if this kind of situation occurs.