Can a computer screen saver cause a violation of National Labor Relations Act (NLRA)? Yes! In much the same way that policies regarding bulletin boards or solicitation/distribution could be violations of the law, screen savers can also cause problems.

During the early stages of a union organizing campaign an employee programmed her screen saver to say, “Look for the U.” Her supervisor issued a written warning stating that “bulletin boards and screen savers are company property and it is inappropriate to post pro-union messages on company property…”

The NLRB found that the company had violated the NLRA for two reasons. First, the NLRB found that the company had acted in a discriminatory manner when it prohibited the employee from displaying a union-related screen saver. The evidence showed that the company regularly allowed employees to display a wide variety of personal, non-work related screen saver messages. Second, the NLRB ruled that the company acted illegally when it disciplined the employee for exercising her protected right to participate in union activity.

Employers may also find themselves facing Title VII discrimination charges. What types of displays/photos could be construed as sexual harassment? Could an employee make a hostile work environment claim if he disagrees with the religious or ethnic message that another employee has displayed on his monitor?

It is up to each company to decide how to create and enforce a screen saver policy. The simplest policy is to not allow employees to display any type of “personalized” screen saver.

If customized screen savers are allowed, the parameters should be clearly and narrowly defined regarding what is acceptable and violations of the policy consistently addressed.