In several employment discrimination cases the past few years, courts have made and upheld strong case decisions based on Facebook posts, email correspondence and even LinkedIn profile information evidence. In addition to recorded phone calls and printed text messages, your personal Tweets, pins and posts are changing the scope of court cases. Your history on social media can testify for or against you in a court of law ...
In the 2010 case Blayde v. Harrah's Entertainment, the defendant claimed that it could not be considered the employer of Blayde, and thus could not be held responsible for the age discrimination reported in the case. However, the plaintiff used LinkedIn profile information from both the company's list of employees and his own profile information to demonstrate that Harrah's Entertainment was his employer and met the definition of an employer according to the Age Discrimination Employment Act. The court concluded that the discrimination case was valid.
These are only two of the recent employment discrimination cases impacted by the use of social media as compelling evidence. As an employee, consider your Facebook posts, profile information, friend acceptances, Tweets and other social media information as a public display of you which can be used against you. On the other hand, if your employer or another employee discriminates against you or harasses you through Facebook messaging or another form of social media, keep careful records of the discrimination and harassment because they can be used as strong evidence toward winning your discrimination case.
If you believe that you are experiencing harassment or discrimination within your workplace, please contact the Heins Office Employment Law firm in Germantown, Mequon or Milwaukee. We will give you a free phone consultation and help you decide what your next step should be within your workplace.
By Anna Witan