The ever-popular subject of "e-mail forwards," discussed previously here, is in the news once again.

The Facts

A Secret Service supervisor who was once a leader of Barack Obama's security team is accused of sending an e-mail that contained a derogatory sexual joke referring to African-Americans, Native Americans and other groups. The e-mail was discovered among documents released in a discrimination lawsuit filed against the agency by ten African-American agents.

The supervisor, Victor Erevia, allegedly forwarded an e-mail he received from someone else to five other Secret Service supervisors. The message contained a "joke" describing "popular myths of sexuality" and derided various racial, ethnic and religious groups.

Another e-mail also raised some eyebrows. The message allegedly was sent to David O'Connor, currently a Secret Service senior supervisor responsible for overseeing presidential protection. The e-mail was sent by O'Connor's brother, a former agent, and reportedly complained about affirmative action, political correctness and the Reverend Al Sharpton. O'Connor allegedly replied to the message, asking if he could share it with another supervisor he deemed worthy of "trust and confidence." O'Connor's lawyer says O'Connor never actually forwarded the e-mail to anyone.

A spokesperson for the Secret Service said, "We are deeply disappointed by any communication or action on the part of our employees that exhibits racial or other insensitivity."

The lawsuit against the agency has been pending since 2000. No resolution appears imminent.

What Should Employers Do?

More and more plaintiffs' attorneys are turning to e-mails as a key source of evidence in employment lawsuits. Here's how the process often works: (1) a lawsuit is filed, (2) a far-reaching discovery demand is made and then (3) the company is forced to turn over years of e-mails that will be scrutinized by attorneys trained to find evidence of discrimination.

Don't let that happen to you. Employers should (1) have a policy in place banning inappropriate use of company email and (2) consistently enforce it. Virtually all employers have the former but, unfortunately, too few practice the latter. I also strongly recommend that the risks of "joke" e-mail forwarding be specifically addressed in all sex harassment training to help employees (1) avoid unnecessarily ruining their careers and (2) exposing the company to legal risk.

Article by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.