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ARTICLE · 22 JANUARY 2021

Disciplining Employees For Off-duty Conduct

Miller Thomson
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In recent days, there has been significant public conversation in the United States, Canada, and beyond surrounding the insurrectionist riot that occurred at the US Capitol on January 6, 2021.

CanadaEmployment and HR
Katie Comley
Katie Comley
Sabrina Anis
Sabrina Anis
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In recent days, there has been significant public conversation in the United States, Canada, and beyond surrounding the insurrectionist riot that occurred at the US Capitol on January 6, 2021.

As photographs, video, and audio of (and by) participants is circulated online and rioters identified, members of the public have demanded that organisations take action, including demanding that employers terminate the employment of insurrectionists and rioters who are so identified. Likewise, employers are receiving significant pressure to take disciplinary action against employees who are identified participants in anti-mask protests.

While the riot at the US Capitol and the COVID-19 pandemic are recent and unprecedented events, the increasingly widespread dissemination of photographs/videos on social media platforms (i.e. the viral video), in conjunction with a push for greater corporate social responsibility and accountability (i.e. cancel culture) over the past

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