9th Circ. Ruling Flags Work Harassment Risks of Social Media

Litigation attorney Jennifer Lada and labor and employment attorney Phillip Schreiber co-authored a Law360 article analyzing a federal appellate court decision addressing the increasingly blurred line between professional and personal spaces. In Okonowsky v. Merrick Garland, the U.S. Court of Appeals for the Ninth Circuit found employers can be held liable for hostile work environment claims under Title VII of the Civil Rights Act if an employee shares harassing content online that negatively affects the workplace. The decision is consistent with the U.S. Equal Employment Opportunity Commission's (EEOC) April 2024 guidance on workplace harassment and the use of social media accounts by employees. In this article, the authors break down the case, review the EEOC guidance and varying state laws on the matter, as well as the potential interaction with federal National Labor Relations Act (NLRA) regulations. They note the ruling presents an opportunity for companies to review and update their policies and procedures to ensure compliance with the rapidly evolving remote and technology-driven work environment.

The authors also published a Holland & Knight alert on this topic.

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