Social Media, Workplace Policies and Risks

Employers and employees alike are using social media for business and personal reasons.  Social websites, such as Facebook, can allow large group of people into a person's life and also help a business grow.  Employers and employees also have the ability to use social websites as a way of gathering information.  An individual might contemplate whether to accept a position with a company based on the information they glean from the company website and existing employees' postings on social media.  At the same time, employers often make hiring decisions based on "research" done on prospective employees.  "Google" a name and it is not unusual for you to receive hundreds of "hits."

Consequently, it is critical that both employers and individuals take steps to protect their reputation and to the extent possible ensure that unflattering postings and images are kept off or "wiped off" the web.  For many individuals who have fallen victim to on-line smearing, or who have had private information posted on-line without their permission, having the posting deleted may be difficult or virtually impossible without some form of legal action.  The link contained herein is a Honolulu news story that covers the issue of how difficult it is to wipe off the internet information or pictures that are embarassing, defamatory, or private not meant for public consumption.

For companies, any negative comments about the workplace by an employee can take on a life of their own in cyberspace, resulting in damaging publicity for the company.  In addition, companies need to understand that there are risks to viewing employees’ or potential employees' online activities.  Looking up an applicant's profile could be grounds for a lawsuit if the job seeker claims they were snubbed because of information garnered from the web regarding their race, religion or sexual orientation.

A federal law that marks a significant change in how employers conduct background checks on employees/applicants is the Genetic Information Nondiscrimination Law of 2009 (“GINA”).  GINA is the first new federal discrimination law in decades and the EEOC will be issuing regulations interpreting the law.  GINA makes illegal the mere acquisition of genetic information, which is defined broadly to include, among other things, information about manifested diseases of family members.  The EEOC has not decided whether GINA is violated where such information is obtained from “personal Web sites or social networking sites.”

Clear Guidelines are Critical

In the meantime, employers would be wise to protect their proprietary information and reputation by having clear guidelines on what is permissible and appropriate use of social media.  At a minimum a Company should:

• Prohibit employees from speaking online on behalf of the Company unless given permission.
• Prohibit sharing information that is confidential and proprietary about the Company.
• Prohbiit the use of the Company logo and trademarks without permission.
• Require employees to speak respectfully about the Company and employees, customers, partners, and competitors.
• Require employees to respect the privacy of coworkers.
• Prohibit online activities that are illegal/unlawful.