Articles Posted in Social Media and the Workplace

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What happens when an employee posts something offensive online—off the clock, but under their real name—and it causes a workplace backlash?

In one recent case, a government communications staffer wrote an inflammatory blog post opposing the Equality Act. The language he used was graphic and anti-LGBTQ+. The employer received complaints, workplace disruption followed, and he was suspended, ordered to attend anti-discrimination training, and eventually fired.

He claimed the First Amendment protected him. A federal appeals court disagreed. And while the decision binds only public employers, the lessons extend well into the private sector. Continue reading

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According to a NY Post report, an Eagles fan was caught in a video crudely insulting a female Packers fan at Sunday’s playoff game between the two teams at Lincoln Financial Field in Philadelphia, PA. Within a few days, that fan—who worked in a DEI-focused consulting role—found himself without a job.

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Picking up where the EEOC left off earlier this year with its harassment guidance for employers that postings on a social media account targeting employees can contribute to a hostile work environment, the Ninth Circuit Court of Appeals recently reached the same conclusion in an opinion issued last week. Continue reading

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I want to thank my co-presenters, Amy Epstein Gluck, Jonathan Segal, Gregory Slotnick, and everyone who attended the Zoom on Friday, November 10, 2023, when we discussed antisemitism and the workplace. We recorded it, and you can view it here on YouTube. Continue reading

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A doctor whose job is to administer potentially life-saving medicine to patients, among them Jews, was reportedly fired after celebrating the massacre of Israelis by the Islamist terror group Hamas. Continue reading

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According to reports, a pharmaceutical company fired one of its senior talent acquisition specialists last week after she appeared in a viral video on a New Jersey Transit train calling a small group of German men “f—ing immigrants and telling them to “get the f— out of our country.”

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It’s 2023.

When are employees going to learn that while the First Amendment does guarantee freedom of speech, there is no constitutional right to a job, and employers don’t have to tolerate employee hate speech?
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On Friday’s edition of The Employer Handbook Zoom Office Happy Hour — catch the replay here if you missed it —  we talked about 2022 changes in the law that could impact 2023 updates to your employee handbook. One talked briefly about how the pendulum at the National Labor Relations Board is swinging back toward employee rights.

What I failed to mention was that, with that shift, the Board is taking an aggressive position on how employers — union or not — may have to make employees whole for violations of the National Labor Relations Act (the “Act”). Continue reading

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