Social Networking in the Workplace: Policies, Monitoring and Discipline Issues

Legislation That Can Impact the Use of Social Media at Work

• Title VII of the Civil Rights Act of 1964
• American With Disabilities Act and Recent EEOC Regulations
• Age Discrimination in Employment Act
• GINA – Generic Information Nondiscrimination Act
• State Anti-Discrimination and Human Rights Acts
• Fair Credit Reporting Act
• Federal Trade Commission – 16 C.F.R. Part 255, the Guides Concerning the Endorsements and Testimonials in Advertising
• Regulation: Social Media Websites by FINRA
• Bankruptcy Act
• Communications Decency Act of 1996

Concerted Activity Through the Use of Social Media

• Right to Self-Organize and to Engage in Concerted Activities – National Labor Relations Act, 29 U.S.C. §157
• Prohibition Against Interfering With or Restraining Employees From Exercising Their §157 Rights – 29 U.S.C. §158(a)(1)

Common Law Doctrines That Can Impact Social Media at Work

• Defamation and Libel
• Vicarious Liability
• Agency Issues
• Apparent Agency Theory

Social Media and the Constitution at Work

• First Amendment – Speech, Expression, and Assembly Rights
• Distinctions Between Private and Public Employees

Privacy and Employment

• Federal Statutory Privacy Protections
• State Statutory Rights to Privacy
• Genetic Information Privacy Act, 410 ILCS 513/1 et seq.
• CFAA – Computer Fraud and Abuse Act, 18 U.S.C. §1030
• Electronic Communications Privacy Act, 18 U.S.C. §2510 et seq., 18 U.S.C. §2701 et seq.

Social Media Policies

• Examples and Developments

Global Viewpoints of Social Media

• European Union Article 29, Data Protection, Directive 95/46/EC. of the European Parliament
• Canada – Office of the Privacy Commissioner