Social Media in the Workplace Law Review

1. By Erin O’Gara

2.  Social media is still a fairly new concept and is challenging traditional
communication law.
 Employment law issues involving social media have multiplied in recent years as
technology progresses.
 Courts must evolve and show a better understanding of how allegations involving
the use of social media affect the First Amendment rights, discrimination law,
trade secrets, labor relations and more
 The purpose of this paper is to discuss current social media in the workplace laws
and changes that have been made to protect workers in the workplace.

3.  social media is a forms of electronic communication such as websites and
applications that enable users to create and share content or to participate in
social networking. Here users can create online communities to share information,
ideas, personal messages, and other content.
 Over the years there have been many cases of workplaces instances involving
social media.
 Social media and the workplace laws are still being discovered and new
litigations are being put in place

4.  There have been recent cases involving individuals using social media to vent
workplace frustrations which has caused significant conflict between the
individual and his or her employer
 A 2011 survey revealed 44% of companies track employees use of social media both
in and outside of the workplace
 And a survey conducted in 2013 revealed that 51% of employers reported
researching job candidates on social media and reported finding content that
caused them to reject a candidate.

5.  Hannah v. Northeastern State University
 Dr. Les Hannah, an American Indian, stated he was the target of racial
discrimination and retaliation within the Northeastern State University’s College
of Liberal Arts
 Racist remarks were made towards Hannah over social meida
 Hannah said he was working in a hostile work environment and that even though
he was qualified, he was denied tenure and he was forcibly placed on
administrative leave and eventually terminated.

6.  The courts decided the defendant could not be found liable under Section 1881 of
Title VII. This states that 1981 “does not provide a vehicle for remedying racial
discrimination and retaliation in the cases brought against state actors”
 Allegations were dismissed against NSU.
 In the end the district court’s judgement was to remand with instructions to
dismiss that claim and to provide Dr. Hannah the opportunity to premise on
alleged violations of his 1981 rights.