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Inappropriate employee social media activity as a defense against employment discrimination claims

It seems inevitable in today’s digital world that employers will sometimes discover that an employee has posted inappropriate statements or other inappropriate content on social media. The employer must then decide how to respond. Although the desired level of discipline will vary depending on the severity of the content, some statements are so egregious that … Continue reading

Glossary of US Laws

The following non-exhaustive list of state, federal, and foreign statutes may apply to social media issues. Anti-SLAPP (U.S. state law) – provides protection against Strategic Lawsuits Against Public Participation (“SLAPP”). See our posts on anti-SLAPP. Americans With Disabilities Act (“ADA”) – U.S. federal law that prohibits discrimination based on disability. See our posts on ADA. Canada’s Anti-Spam … Continue reading

Shared Social Media Accounts

A court in the Eastern District of Texas recently held that two companies were “integrated employers” under the Family Medical Leave Act, in part, because the two companies shared a Facebook page. Dooling v. Bank of the West, No. 4:11-cv-00576 (E.D. Tex. July 17, 2013) (Bush, Mag. J.). This conclusion allowed the plaintiff to establish her … Continue reading

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