Tinder is for dating. Facebook is for friends. LinkedIn is for ... well, it depends whom you ask. The professional networking platform is meant for connecting with colleagues, clients and prospective bosses, but behavior on the site can be far from the diplomacy of a boardroom.
In a lawsuit filed Tuesday night in Los Angeles, a mid-level financial industry professional identified only as Jane Doe alleged that a recruitment conversation on LinkedIn took a turn for the inappropriate when she received sexual messages from a banker—using his corporate account—who had been trying to recruit her. One of the messages included a photograph of his genitals.
Women have long complained of unsavory conduct on LinkedIn, but in the California state court complaint (filed by the law firm of celebrity lawyer Mark Geragos), Doe argues that an employer is responsible for employee behavior on the platform. LinkedIn is an extension of the workplace, similar to going into the office or attending a corporate networking event, the theory of the case goes. If you wouldn’t flirt on a conference call, don’t do it on LinkedIn. If you do, you and your company could pay the price.
From December 2015 and March of this year, Doe, who works for a Fortune 500 company in California, and Aaron Eichler, identified in the complaint as a managing director at SunTrust Robinson Humphrey Inc., a unit of SunTrust Banks Inc., exchanged several dozen messages. The two met when Doe, at a previous employer, worked on a deal that involved Eichler’s company, Doe said in an interview. Eichler initially messaged Doe about potential job opportunities. When Doe expressed interest in hearing more, the messages shifted from professional, she alleged. “So what are you doing up so late?! Here’s my number if you wanna play,” wrote Eichler, according to court filings. He later added that it could be a “late night secret” before sending a graphic photograph, she alleged. After Doe didn’t reply, he wrote “Ugh, I guess I screwed up :( bummer dude.”
The lawsuit seeks unspecified damages for sexual harassment, intentional infliction of emotional distress and negligent retention and supervision.
“We take allegations of this nature very seriously, do not condone harassing conduct and take appropriate actions as warranted,” a spokesman for SunTrust said before the lawsuit was filed. “Once we were made aware of the allegations, we began an investigation that is ongoing.”
“HR guidelines dictate that you don’t sexually harass people at work—and I considered LinkedIn a work environment.”
LinkedIn encourages members to report harassment by flagging conversations as “inappropriate or offensive.” The company said it investigates incidents and takes “appropriate action,” which can include being barred from the platform. In addition to reporting them, members can also block harassers.
Eichler still has an active profile on LinkedIn. In a telephone interview, Doe said she was shocked after receiving the photo but didn’t know how to block him on the LinkedIn app. Eichler didn’t immediately return requests for comment.
Suzi Owen, a LinkedIn spokeswoman, said sexual messaging such as that described in the complaint “is prohibited and violates our user agreement, and we investigate and take action when violations are identified.”