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Social Media Hostile Environment

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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
Mintz - Employment Viewpoints

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

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

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

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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

Cozen O'Connor

#NoFilter: Outside-of-Work Social Media Posts Can Create a Hostile Work Environment

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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. Those bygone times, however, have been replaced by a...more

Constangy, Brooks, Smith & Prophete, LLP

Five lessons plus four in social media and workplace harassment

The following may be a true story. The events depicted allegedly took place in Lompoc, California, in 2020. Out of deference to the judges involved, their names have not been used. Out of respect for the victim, her story...more

Whiteford

Employment Law Update: Ninth Circuit Ruling Reminds Employers They May be Held Liable for Social Media Harassment

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The U.S. Court of Appeals for the Ninth Circuit recently ruled, in Okonowsky v. Garland, No. 23-55404, that an employer may be held liable for a Title VII hostile work environment claim based on harassing content posted on an...more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

Chartwell Law

The Social Web’s Influence on Your Workplace and the Potential Havoc It Can Cause

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Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more

ArentFox Schiff

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

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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

Farella Braun + Martel LLP

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

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

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Burr & Forman

EEOC Issues Proposed Harassment Guidance Broadening Employers’ Obligations Under Federal EEO Law

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On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on "Enforcement Guidance of Harassment in the Workplace." The guidance...more

Rumberger | Kirk

Workplace Violence: What Hospital Executives and Administrators Need to Know

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In today’s world, hospitals have to be prepared for anything and everything, and not just medical emergencies. They have to be prepared to handle all types of workplace violence, from active shooters to abuse from...more

Troutman Pepper

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

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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

Robins Kaplan LLP

Your Daily Dose of Financial News

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Markets are joining the American mid-Atlantic and East Coast in bracing for Hurricane Florence and the estimated $27 billion in damages it could bring with it....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues United Airlines for Sexual Harassment

Pilot Repeatedly Posted Sexually Explicit Photos of Flight Attendant On the Internet, Federal Agency Charges - SAN ANTONIO, Texas - United Airlines, Inc., an international airline operating in over 300 airports across five...more

Pillsbury Winthrop Shaw Pittman LLP

A Sexual Harassment Sea Change for Employers?

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

Littler

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

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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

Spilman Thomas & Battle, PLLC

A Contentious Presidential Election, #BlackLivesMatter and Bathroom Laws: Addressing Polarizing Current Events in the Workplace

It is practically impossible these days to turn on the news, get on the internet or listen to the radio without hearing about some polarizing event. Whether it is a debate over the presidential candidates, the...more

Davis Wright Tremaine LLP

Employers Burdened By More New Laws

The Oregon Legislature enacted several laws in 2015 that will significantly affect your workplace. The following laws go into effect Jan. 1, 2016: Paid Sick Leave - As expected, Oregon has enacted a mandatory paid sick leave...more

U.S. Equal Employment Opportunity Commission...

Social Media Is Part of Today’s Workplace but its Use May Raise Employment Discrimination Concerns

Experts Tell EEOC That Use of Social Media by Employers, Applicants and Employees May Implicate the Laws EEOC Enforces - WASHINGTON-The use of social media has become pervasive in today's workplace and, as a result, is...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

Greenberg Glusker LLP

At Least The Unicorn Won’t Sue You

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When not writing about the legal issues raised by my favorite TV shows, most of this blogger’s Law Law Land blogs have involved either employment law or social media issues. So you can imagine my sheer delight when the news...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Jun 05, 2013

From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more

NAVEX

Top 4 Workplace Harassment Trends

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Though sexual harassment is one of the most common forms of workplace discrimination, the trends employers are seeing in harassment claims are anything but typical. To stay ahead of the curve, employers need to keep...more

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