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 contribute to a sexually hostile work environment.
The case was brought by a female staff psychologist working for Federal Bureau of Prisons. She claimed that a male supervisor, who oversaw the guards responsible for maintaining order in the prison, ran an Instagram account that he used to post sexually harassing and violent content. The plaintiff alleged that when she complained, her employer did not take her complaints seriously and failed to remedy the hostile work environment created by her co-worker’s derogatory social media use....
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