Seyfarth Synopsis: The Ninth Circuit has held that harassing conduct that takes place outside of the physical workplace can constitute workplace harassment.
In the case of Okonowsky v. Garland, 23-55404.pdf (law360news.com), the Ninth Circuit considered a claim that social media posts made by a co-worker on a personal account constitute actionable workplace
Continue Reading Personal Does Not Mean Private: Ninth Circuit Holds Personal Social Media Posts Can Constitute Workplace Harassment
By J. Todd Bernhardt and Timothy M. Hoppe
Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim sufficient to survive a motion to dismiss. The court avoided commenting on the merits of
Continue Reading Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment ClaimBy Samantha L. Brooks and Karla Grossenbacher
Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers.
In this case, a Maryland state government employee claimed that she was retaliated against for a Facebook post where she referred to a Maryland gubernatorial candidate as an “a**clown.” In
Continue Reading Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post
Seyfarth Synopsis: In her appeal to the Fifth Circuit, Plaintiff Bonnie O’Daniel argues that the trial court wrongly concluded that it was unreasonable for O’Daniel to believe that a complaint about discrimination based on sexual orientation constituted a protected activity. The EEOC recently joined the fray by filing an amicus curiae brief, which argues that
Continue Reading EEOC Argues that Sexual Orientation Discrimination by a Heterosexual Person can Constitute a Protected Activity
Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and disclosures, while spelling out the consequences for violations. Employers must not retaliate against employees for their lawful out-of-office behavior.
People are used
Continue Reading Raging Bull: Getting Beat Up On Glassdoor?
By Julia Gorham
Seyfarth Synopsis: The global market for wearable devices continues to grow and has been embraced not only by consumers but organizations as well. Wearables use in the workplace is here to stay, but employers should consider the risks at the outset.
Wearables — where to start? With the smartwatch languishing in my junk drawer, the step
Continue Reading A Global Perspective on the Future of Wearable Technology
By Marjorie Clara Soto, Kay J. Hazelwood, and Mary Kay Klimesh
Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights and other students’ Title IX rights to receive an education
Continue Reading Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline
Seyfarth Synopsis: Wishing you a wonderful holiday season.
As we begin the traditional start of the holiday season and before the crush of the end of the year is upon us, we wanted to take a moment to thank you – the readers of the Employment Law Lookout Blog – for your loyal readership and feedback. We strive to
Continue Reading Thankful (and Bonus Social Media Privacy Legislation Desktop Reference)
By Rachel Bernasconi and Amanda Cavanough
LinkedIn is the biggest online network of professionals in the world. Many employers encourage staff to use LinkedIn to promote their organisation.
While employees may share content relating to their organisation, they tend to think of their profile as personal to them, like a resume, which is available to recruiters, colleagues and clients.
Yes,
Continue Reading LinkedIn – in whose professional interest?
By Karla E. Sanchez and Craig B. Simonsen
Seyfarth Synopsis: Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker’s email that complained about their terms and conditions of employment.
Recently, a National Labor Relations Board Administrative Law Judge ruled that a restaurant unlawfully reprimanded and discharged several employees in violation of
Continue Reading Restaurant Wrong To Fire Workers Over Email Criticizing the Restaurant and its Managers