Social Networking And Its Impact On The Workplace

Employers have always had to grapple with how to respond to an employee's questionable off-duty conduct. The advent of social networking sites has provided employers with an even greater challenge, because they face the dilemma of being exposed to liability when they fail to act or when they react inappropriately. On one hand, if an employer discovers that an employee is sexually harassing or making discriminatory comments about a coworker on a social networking site, the employer must take action or be prepared to respond to a complaint of unlawful discrimination or harassment from the coworker. On the other hand, when the employer disciplines the employee for what the employee tweets or posts on his or her Facebook wall, the employee will likely argue that communicating with colleagues and friends on Facebook, Twitter and other social media outlets is free speech or activity that is protected by the National Labor Relations Act (NLRA).