It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos, these sites can also be used to harass, threaten, and harm employees.
Misuse of social media among coworkers can create a hostile and toxic work environment that can lead to employer liability if not addressed. In Okonowsky v. Garland, Case No. D.C. 2:21-cv-07581-VAP-AS (Jul. 25, 2024), the Ninth Circuit ruled that employers can be held liable for claims of hostile work environment under Title VII if an employee shares content on a personal social media account that negatively impacts the workplace. Unsurprisingly, Okonowsky aligns with recent Equal Employment Opportunity Commission (EEOC) guidance, issued April 29, that discusses the ways in which employee social media use outside of the workplace can…