July 31, 2013 - You can't "ignore" the fact that
Facebook use in Canada is on the rise. According to a recent
survey by Media Technology Monitor, 63% of Internet users and 93%
of social media users have a Facebook page. Nearly seven out
of every 10 Internet users identify themselves as regular users of
social media generally.
Alongside this increase in social media use is an increase in
social media related employment litigation. Perez-Moreno v.
Kulczycki, [2013] O.H.R.T.D. No. 1080 is one example. In that
case, a golf resort manager filed a human rights complaint about a
co-worker's Facebook postings. The posts referred to the
co-worker being written up at work for calling the manager "a
dirty Mexican" and stating to other employees, "now that
Mexican is not going to give me anything." The Tribunal agreed
that the co-worker discriminated against him in employment on the
grounds of race, ancestry, place of origin, citizenship, and ethnic
origin, and that the Facebook
