Social Media, Anti-Harassment Policies

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

Mintz - Employment Viewpoints on 9/17/2024

As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many. After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more

Ninth Circuit Rules Employers May Be Liable for Coworker Social Media Harassment Outside Workplace

Perkins Coie on 9/13/2024

In a recent decision, the U.S. Court of Appeals for the Ninth Circuit soundly rejected the notion that employers may escape liability for unlawful harassment by arguing that the alleged harassment is limited to social media...more

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

Saul Ewing LLP on 8/22/2024

On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...more

Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland

ArentFox Schiff on 8/6/2024

It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

Farella Braun + Martel LLP on 8/5/2024

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more

What Every Multinational Company Needs to Know About...Implementing an International Compliance Program (Part III)

Foley & Lardner LLP on 1/4/2024

We have received several requests for a list of the compliance policies that make sense for every multinational company. So, as a follow-up to our earlier two posts providing “twelve steps to international compliance” (see...more

What Employers Need to Know About the EEOC’s Proposed Guidance On Workplace Harassment

Mintz - Employment Viewpoints on 10/17/2023

The Equal Employment Opportunity Commission ("EEOC") released its Proposed Enforcement Guidance on Harassment in the Workplace. In light of recent legal developments, such as the Bostock v. Clayton County decision, which...more

EEOC Releases New Guidance on Harassment in the Workplace

Butler Snow LLP on 10/5/2023

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the “EEOC”) released its draft guidance concerning harassment in the workplace. The updated guidance reflects notable changes in law, including the...more

EEOC Issues Long-Awaited Updates to Guidance on Workplace Harassment

Levenfeld Pearlstein, LLC on 10/5/2023

Nearly six years after previous attempts to issue guidance stalled, on September 29, 2023, the Equal Employment Opportunity Commission announced long-awaited draft guidance on workplace harassment. The EEOC is acting under...more

EEOC Proposes Updates to Workplace Harassment Guidance

Vinson & Elkins LLP on 10/4/2023

On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published proposed enforcement guidance on workplace harassment, which, if finalized, would be the first update to workplace harassment guidance by the...more

"An Ounce of Prevention"...How to Reduce the Risk of Litigation and Enforcement Proceedings

Seward & Kissel LLP on 7/27/2023

To paraphrase what Ben Franklin may have been alluding to nearly 300 years ago in his famous quote, often the best approach when it comes to reducing the risk of litigation and government enforcement proceedings is to take...more

Five Tips for Employers During Election Season

Harris Beach PLLC on 11/7/2022

No one would blame employers for shunning politics in today’s landscape. Vitriol and partisanship are now par for the course and could quickly lead to workplace tension or worse. But there are reasons – both legal and in...more

Nasty language may be protected concerted activity, court says

Constangy, Brooks, Smith & Prophete, LLP on 8/12/2022

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

Riot’s Listening: Valorant Combats Player Toxicity

Kohrman Jackson & Krantz LLP on 7/7/2022

Riot Games’ (Riot) team-based, first-person-shooter game, Valorant, has received mixed emotions upon its announcement that it will monitor the game’s voice chat. Team-games especially benefit from players being able to...more

#No Filter: Terminating an Employee for Social Media Posts – Part 4

Cozen O'Connor on 6/14/2021

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more

Ontario, Canada: Superior Court Creates New Tort of Internet Harassment

Littler on 3/11/2021

Regardless of social media policies establishing expectations for employee conduct online, online harassment is still a prevalent issue in the workplace as well as in society more generally. ...more

‘You are my Employer, not the Thought Police’ – Employee Online Activity in a Time of Turmoil

Foley & Lardner LLP on 6/9/2020

A number of outlets have reported that social media use has significantly increased during the COVID-19 pandemic, as many are quarantined at home with time to kill. Meanwhile, just as social media use has spiked, the...more

Do Virtual Sticks and Stones Also Break Bones? Addressing Cyberbullying Under Title IX

Franczek P.C. on 3/3/2020

Cyberbullying is nothing new. A majority of teens have experienced the phenomenon and college campuses certainly are not immune. Just because something is common does not make it simple to deal with, however. And this is...more

Comments on Social Media about an Employee’s National Origin Could Lead to Allegations of Discrimination

Troutman Pepper on 10/14/2019

Q: Over the summer, I saw that President Trump tweeted that four minority Democrat congresswomen should “go back” to where they came from. What Human Resources lessons can be learned from the President’s tweet?...more

A Sexual Harassment Sea Change for Employers?

Pillsbury Winthrop Shaw Pittman LLP on 1/15/2018

Social media supercharges the potential for sexual harassment allegations involving work colleagues and could lead to consequences for employers who fail to act quickly and appropriately. Recent events herald a change in...more

#MeToo: Revisiting Policies in a Trending Workplace

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/22/2017

From Twitter hashtags to news media talking points, #MeToo has come to powerfully symbolize what many have termed a “watershed moment” for modern American culture on the issues of sexual harassment and sex discrimination. And...more

Dear Littler: Is an Employee's #MeToo Social Media Post a Harassment Complaint?

Littler on 11/7/2017

Dear Littler: I work in HR and have a very modern-day dilemma. An employee (Lauren) told me about a social media post by another employee (Jane). I don’t follow Jane on social media, but a few days ago she posted this...more

R-E-S-P-E-C-T in Your Workplace

Akerman LLP - HR Defense on 6/20/2017

Are racial issues, religious differences, and gender norms creating tension in your workplace? Are the caustic exchanges so evident in news coverage today starting to crop up in the office? Are employees complaining of...more

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

McAfee & Taft on 10/12/2016

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against employee....more

EEOC Task Force Offers Expansive Recommendations for Updating Anti-Harassment Policies and Training

Epstein Becker & Green on 9/28/2016

This summer, the Equal Employment Opportunity Commission (“EEOC”) issued a 127-page document titled “Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace” (“Report”). Among other...more

Social Media › Anti-Harassment Policies

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