With the pervasiveness of social media, employers may overlook how employees’ personal activity can give rise to workplace harassment claims. In an article for HR Laws, Partner Jill Chasson examined a recent 9th U.S. Circuit Court of Appeals decision, which confirmed an employee’s personal social media account can be a source of harassment in the workplace.

In her piece, Jill details a recent case involving a psychologist at a federal prison who discovered a coworker’s Instagram filled with hundreds of sexually and racially offensive posts, some of which specifically targeted her. Despite reporting this account to prison authorities, her concerns were ignored initially and later dismissed. This escalated to more harassment from the account and ultimately led the psychologist to transfer to a different facility and file a lawsuit.

The trial court found in favor of the prison, but the 9th Circuit reversed, holding that offsite conduct (including social media posts) is relevant if it affects the employee’s working environment. The court also took into consideration that members of prison management followed the coworker’s account and said they found it “funny.” The claims will now go to trial, which creates risk for the prison that a jury will rule in the psychologist’s favor and award substantial damages.

This case raises an important question: Can online harassment, even when it occurs outside of the physical workplace, still contribute to a hostile work environment? The 9th Circuit unequivocally answered “yes.” Jill’s analysis underscores a very important reminder for employers: costly lawsuits can arise from social media harassment and swift action is crucial when inappropriate behavior is reported.

Well-versed in the many federal and state laws that govern the workplace, Jill regularly works with employers to develop key policies, resolve difficult personnel issues, and provide guidance regarding legal compliance and risk management. When disputes arise, she represents employers before administrative agencies, in arbitration proceedings, and court litigation regarding a variety of employment-related claims.

For more, read the full HRLaws article.