Personal Social Media Posts Can Be Workplace Harassment

What an employee posts outside of work on a personal site can be viewed as workplace harassment (sex discrimination). That’s what a federal appellate court said in a case involved a corrections officer who had a personal social media account where he posted derogatory images resembling a co-worker who recognized them as her likeness. His posts over a number of months suggested violence and sexual contact with women co-workers, including this specific co-worker. The employer learned of the posts but didn’t stop them. The court said that because “[s]ocial media posts are permanently and infinitely viewable and re-viewable by any person with access to the page or site on which the posts appear,” it is not outside the workplace. The court rejected the notion that only conduct occurring inside the physical workplace can be actionable. #IdeaoftheDay