Presentation from June 2012 on Employees and Social Media for EEOC Training Institute

1. EMPLOYEES, EMPLOYERS &
SOCIAL
MEDIA
Tuesday, February 12, 13

2. People no longer just vent around the water
cooler or at the bar after work.
People tweet, text, vlog, blog and “pin” 24/7.
If you are an employer, sometimes this
involves you...
...for better or for worse.
Tuesday, February 12, 13

3. Tuesday, February 12, 13

4. Problem #1: You have to think outside of the
box and forecast potential legal issues. Let’s
start with recruitment via social media.
Tuesday, February 12, 13

5. Example: Using solely social media for
recruitment purposes could be alienating,
especially to the 40 + demographic or the
re-entry worker.
Is this a violation of the Age Discrimination in
Employment Act of 1967?
Tuesday, February 12, 13

6. Problem #2: Putting policies in place to “cover
one’s butt.” What happens when it’s
boilerplate or from another company or
industry?
Tuesday, February 12, 13

7. Example: You cut and paste another
boilerplate policy. The language within the
policy is not particularized, i.e. it does not
include the appropriate “limiting language”
and “clarity” required to be in accordance with
Section 7.
You’re on the hook for it.
Tuesday, February 12, 13

8. Problem #3: Policies are communication tools.
Tuesday, February 12, 13

9. Audit:
Tuesday, February 12, 13

10. good
idea?
Audit:
Tuesday, February 12, 13

11. good
idea?
Audit:
bad
idea?
Tuesday, February 12, 13

12. good
idea?
Audit:
bad
idea?
Tuesday, February 12, 13

13. Being specific with the exact
behavior you wish to prevent.
good
idea?
Audit:
bad
idea?
Tuesday, February 12, 13

14. Being specific with the exact
behavior you wish to prevent.
good
idea?
Audit:
bad Asking for an employee’s
personal account login
idea? information.
Tuesday, February 12, 13

15. Being specific with the exact
behavior you wish to prevent.
Outline policies specific to
employees using social media
on behalf of the company.
good
idea?
Audit:
bad Asking for an employee’s
personal account login
idea? information.
Tuesday, February 12, 13

16. Being specific with the exact
behavior you wish to prevent.
Outline policies specific to
employees using social media
on behalf of the company.
good
idea?
Audit:
bad Asking for an employee’s
personal account login
idea? information.
Using social media accounts to
profile applicants, even if
voluntary - inferential data.
Tuesday, February 12, 13

17. Being specific with the exact
behavior you wish to prevent.
Outline policies specific to
employees using social media
on behalf of the company.
good
idea? Apply offline “tried and true”
rules to the online sphere.
Audit:
bad Asking for an employee’s
personal account login
idea? information.
Using social media accounts to
profile applicants, even if
voluntary - inferential data.
Tuesday, February 12, 13

18. Being specific with the exact
behavior you wish to prevent.
Outline policies specific to
employees using social media
on behalf of the company.
good
idea? Apply offline “tried and true”
rules to the online sphere.
Audit:
bad Asking for an employee’s
personal account login
idea? information.
Using social media accounts to
profile applicants, even if
voluntary - inferential data.
Using forensics to access
personal accounts on company
devices.
Tuesday, February 12, 13

19. Developments to Track:
Laws prohibiting forced provision of login
information (CA, TX, WA, NY)
Companies with business models for prospective
employee or employee “reputation” online
When are you crossing the line with someone’s
“reasonable expectation of privacy?”
Employer obligation to check social media profiles?
(CO case)
Tuesday, February 12, 13

20. oh crap.
Avoiding These Moments
Tuesday, February 12, 13

21. Tip #1: Remember although you pay them,
they have legally enforceable rights, like
privacy. These are privacy and speech issues
at their core.
Tuesday, February 12, 13

22. Tip #2: Run your policies through legal
counsel.
Tuesday, February 12, 13

23. Tip #3: Make sure to walk through your
policies with your employees to make sure
they are understood and adopted.
Tuesday, February 12, 13