In May 2024, a federal appeals court ruled that personal social media posts can contribute to an unlawful hostile work environment if they are related to the workplace. The court rejected the idea that only conduct occurring in a physical office is relevant, highlighting social media’s power to affect both the workplace and individual employees. This ruling, consistent with the Equal Employment Opportunity Commission’s (EEOC) 2024 guidance, makes it clear that employers must address harassment, whether it occurs inside or outside of the traditional workspace.
The case involved an employer’s failure to respond promptly to complaints about an employee’s Instagram posts, which were widely known among colleagues. Employers are urged to create social media policies that address harassment and discrimination, ensuring all reports are investigated and acted upon promptly. The court’s decision serves as a cautionary tale for organizations to proactively prevent social media-related harassment and avoid liability.
To mitigate risks, employers should educate employees about online conduct, outline what constitutes harassment, and provide clear guidance on the responsible use of social media. Organizations that fail to take these steps may find themselves held accountable for allowing hostile environments to persist.