Why Social Media is a ‘Legal Minefield’ for Employers
When it comes to social media, employers face a variety of land mines. To protect themselves, they are advised to have a policy covering social media but the factors involved are not as simple as they might seem. This article provides four hypothetical situations employers might face, along with 18 specific components to consider in a social media policy.
Why Social Media is a ‘Legal Minefield’ for Employers
“Social media is a legal minefield for employers.” That attention-grabbing statement comes from Edward Loughlin, a trial attorney for the EEOC in Washington, D.C.
Yet crafting policies today is tough, Loughlin explained, because of various federal, state and local laws. Your organization’s policies may provide protection under the laws enforced by the EEOC, but they may violate laws enforced by other government agencies.
For example, compiling information about an applicant from the Internet may lead to violating the Fair Credit Reporting Act, enforced by the Federal Trade Commission, which requires employers to take certain steps when obtaining background information in consumer reports.
Another example: Healthcare providers have to ensure that employee use of social media sites does not violate patient privacy protected under the Health Insurance Portability and Accountability Act (HIPAA).
