News & Analysis as of

Hostile Environment Social Media

Gould + Ratner LLP

Coldplay Gate: What if It Happened at Your Company?

Gould + Ratner LLP on

The internet lit up recently with viral footage from a “kiss cam” at a Coldplay concert in Boston, Massachusetts. The clip, now dubbed by some as “Coldplay Gate,” depicts the married CEO of Astronomer, Inc., having an...more

McAfee & Taft

When can an employer be liable for harassment happening outside of work?

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Generally, employers are not responsible for events involving their employees that happen after hours and away from work. But that is not always the case. In its April 2024 Enforcement Guidance on Harassment in the Workplace,...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

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

FordHarrison

EntertainHR: BTS of “It Ends With Us”: Speaking out on Social Media

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Happy Holidays and Happy New Year! If you’re anything like me, you spent your holidays watching “It Ends With Us,” a romantic drama film based on Colleen Hoover’s best-selling novel, and catching up on the Blake Lively v....more

ArentFox Schiff

Wawrzenski v. United Airlines, Inc.: Key Takeaways for Employers Navigating Workplace Policies

ArentFox Schiff on

Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski....more

Farella Braun + Martel LLP

The Ninth Circuit Clarifies Employers’ 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, the Ninth Circuit...more

Holland & Hart - Employers' Lawyers

Online Conduct, Offline Impact: Unpacking the Legal Implications of Social Media Harassment in the Workplace

JT Washington by JT Washington Today, technology and social media are integral parts of our daily lives. Social media has transformed how we communicate and express ourselves. However, this transformation has brought new...more

Proskauer - California Employment Law

September 2024 California Employment Law Notes

We invite you to review our newly-posted September 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

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

Saul Ewing LLP on

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

Cozen O'Connor on

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

Whiteford on

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

Chartwell Law on

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

ArentFox Schiff on

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

Holland & Knight LLP on

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

Burr & Forman on

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 Locke

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

Troutman Pepper Locke on

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

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