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If you make discriminatory or sexually harassing remarks about the people you work with, both you and your employer could be liable for discrimination. If the person harassed can show it was intentional, you and your employer could also be liable for punitive damages. The more control the employer exercises over how the employee use social media, the more likely they'd be liable as well.
But illegal harassment includes making derogatory remarks or gestures, telling offensive jokes and creating an environment that would make a reasonable person’s job intolerable. This is what’s considered a hostile work environment. So business leaders should protect their organizations from people that say racists things by terminating their employment.
The point is policy doesn't protect the employer. It actually makes them more liable.
1 year ago on Social Media Policy: When Are Your Own Opinions Not Okay?
The times, they are a changing. Some attorney's say a policy actually creates more liability, because the more an employer tells employees what they can and can't say, the more responsibility they accept for their behavior. Policy is fine, but it's not enough, because no one ever actually reads it. More often than not, it's handed off with a stack of papers when the employee's on-boarded. It gets stuffed in a drawer. And you can't comply with a policy you don't read. What's more important is digital literacy, which is what I believe you're writing about here. People need to be educated in the social media compliance.