A recent Ninth Circuit ruling blurs the lines between workplace and off-duty conduct, holding employers responsible for monitoring and addressing employees' offensive social media postings that create a hostile work environment, even if posted outside the workplace. Click here for article.
Blurred Lines: The distinction between workplace and off-duty conduct is fading, requiring employers to monitor employee social media posts that could impact the work environment.
Policy Revisions: Employers should update policies to include procedures for investigating offsite or off-duty misconduct, especially relating to social media posts.
Training Updates: Supervisory training materials should be revised to address offsite conduct and harassment, ensuring managers know how to handle these situations.
Legal Compliance: Employers must work with legal counsel to balance statutory protections of lawful off-duty conduct with the need to prevent a hostile work environment.
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