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Harassment Employer Liability Issues Social Media

Miller Nash LLP

Trials by Social Media and How Employers Can Respond

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Social media has been extensively used, and abused, since its inception. For all the beneficial and valid uses of social media, there is a seemingly equal number of improper, illegal, and even criminal uses. Employers have...more

Perkins Coie

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

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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

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

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

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

Butler Snow LLP

EEOC Releases New Guidance on Harassment in the Workplace

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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

Wilson Sonsini Goodrich & Rosati

Bungie Wins Landmark Lawsuit Against Destiny 2 Player Who Harassed a Bungie Employee

On July 11, 2023, a trial court in the State of Washington issued a groundbreaking opinion which provides employers with a legal path to protect their employees from online abuse and harassment from third parties suffered...more

FordHarrison

Live-Streaming Coaches: A Lesson on Workplace Recordings

FordHarrison on

What on earth are these players thinking? We now have our third noteworthy example from the last few years of a player live-streaming his coach’s postgame victory speech on a social media platform....more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 2

Cozen O'Connor on

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Seyfarth Shaw LLP

Snap! And You Miss It: The Legal Risks of Snapchat and Disappearing Evidence in the Workplace

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Snapchat and other photo-sharing apps have redefined how users—and employees share information. Due to the ephemeral nature of Snapchat photos and videos, employers may face hurdles in identifying and investigating workplace...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

Fisher Phillips

What If.... Harassment, “Me Too” and the Media.

Fisher Phillips on

We encourage larger companies to establish a committee to meet every six to twelve months to engage in “What-if” risk planning. If we have learned anything this year, it’s that businesses face more unexpected risk than ever...more

Littler

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

Littler on

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

Constangy, Brooks, Smith & Prophete, LLP

Are You A Harassment “Daredevil”? Here Are 5 Behaviors That Put You At Risk.

Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a “protected category” (for example, sex or race), and “severe or pervasive.” But most...more

Mintz - Employment Viewpoints

March Grabness: Lessons from the (Basketball) Court: Avoiding Personal Fouls, Violations and Time Outs in the Workplace

Harassment has long been an Achilles’ heel of the workplace. Believe it or not, like the NCAA’s tournament TV ratings, the number of harassment-related lawsuits has held rather steady since the 1990s! And like most NCAA...more

Zelle  LLP

Employment Law Navigator – Week in Review: January 2017 #3

Zelle LLP on

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

Zelle  LLP

Discipline Based on Social Media Activity – An Update

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Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Cozen O'Connor

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

Cozen O'Connor on

This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

Cozen O'Connor

Another Federal Player in the Social Media Sandbox

Cozen O'Connor on

There seems to be room in the sandbox for lots of people to play. Recent recesses have seen the NLRB dominate the discourse over the do’s and don’ts when it comes to social media and employment law. But another federal...more

BakerHostetler

Trends in Social Media and the Workplace: Where Does Social Media Harassment Fit In?

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How much do an employer’s obligations to prevent and remedy workplace harassment extend into the virtual world?...more

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