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Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more
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, the Ninth Circuit...more
Once an employer knows or has reason to know about alleged harassment, it has an obligation to promptly remedy the hostile work environment, even if the offensive conduct occurred wholly offsite, online, or off-duty. This...more
You might think what happens outside the workplace stays outside the workplace, but as the Ninth Circuit recently ruled, you can be sued by one employee for what another employee posts online....more
Picture this: You're packing up your office, getting ready to head home for the evening, when your human resources manager peaks her head in. She explains that she has just fielded a complaint from a female employee: a male...more
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
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
While employers cannot police all employee conduct outside the workplace, employee interactions outside of work can – and do – impact the work environment. Indeed, under certain circumstances, inappropriate conduct by an...more
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 However, those bygone times have been replaced by a modern...more
Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more