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ARTICLE · 01 AUGUST 2024

When Social Media Posts Become Workplace Harassment

Holland & Knight
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The U.S. Court of Appeals for the Ninth Circuit recently ruled that companies can be held liable for hostile work environment claims under Title VII of the Civil Rights Act of 1964...

United StatesEmployment and HR
Jennifer Lada
Jennifer Lada
Phillip Schreiber
Phillip Schreiber
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Highlights

  • The U.S. Court of Appeals for the Ninth Circuit recently ruled that companies can be held liable for hostile work environment claims under Title VII of the Civil Rights Act of 1964 if an employee shares harassing content online on their personal social media that negatively impacts the workplace.
  • This is the first appeals court decision on employee use of social media outside of the workplace since the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on sexual harassment on April 29, 2024.
  • The updated EEOC guidance specially addresses how employee use of social media outside of the workplace can create or contribute to a sexually hostile work environment.

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