Social media’s role in workplace harassment: Policy implications

While social media can be a powerful tool for networking, collaboration, and communication, it also opens the door to new forms of harassment that can have serious implications for both employees and employers. As companies navigate these challenges, the role of social media in the workplace – and necessary policy responses – must be carefully examined.

Traditionally, workplace harassment has occurred within the physical confines of the office. However, social media platforms have blurred the boundaries between personal and professional spaces. This shift has introduced new avenues for harassment, where inappropriate comments, cyberbullying, and the posting of offensive content can occur both inside and outside of working hours.

A recent legal development has brought this issue into sharper focus. In Okonowsky v. Merrick Garland, the United States Court of Appeals for the Ninth Circuit ruled that employers can be held liable for hostile work environment claims under Title VII of the Civil Rights Act if an employee shares harassing content online that negatively affects the workplace.

This landmark ruling is the first court decision on employee use of social media outside the workplace since the U.S. Equal Employment Opportunity Commission's (EEOC) issued its updated Enforcement Guidance on Harassment in the Workplace in April 2024. The guidelines specifically address how staff behavior on social media, even outside of work hours, can contribute to a hostile work environment. 

The anonymity and reach of social media have exacerbated the issue, allowing harassers to target colleagues in more covert and pervasive ways. The impacts of such behavior are far-reaching, affecting not only the well-being of the individuals involved but also the overall workplace culture and productivity. These developments highlight the urgent need for companies to reassess their workplace procedures and address the challenges posed by social media.

To mitigate the liabilities associated with online harassment, companies must establish and implement comprehensive social media policies. The following are key components that should be incorporated into such guidelines.

Clear definitions
Outline what constitutes workplace harassment on social media, including examples of prohibited behavior such as cyberbullying, hate speech, and the sharing of inappropriate content that violates protected categories such as age, race, religion, sex, disability, etc.

Scope of policy
Specify that the policy applies to both work-related and non-work-related social media activities that impact the workplace. This ensures that staff understand that their online practices can have professional consequences, even if it occurs outside of working hours.

Reporting mechanisms
Provide clear instructions on how to report incidents of social media harassment. Certify that these reports will be handled confidentially, without retaliation, and whenever possible.

Consequences
Clearly communicate the disciplinary actions that will be taken if an employee is found to have engaged in social media harassment. This could range from warnings to termination, depending on the severity of the conduct.

Training and awareness
Regularly educate employees about the social media policy and the importance of respectful online communication. Training sessions can help to reinforce these principles and facilitate their understanding of the potential impact that digital behavior can have on others.

HR professionals play a critical role in managing the risks associated with social media harassment. They are responsible for enforcing social media policies, handling reports of incidents, and providing support to affected employees. HR must also stay informed about the latest legal updates and adapt company guidelines accordingly. These teams must be vigilant in addressing issues promptly and ensuring that the workplace remains a safe and inclusive environment.

As social media continues to permeate the workplace, companies must take proactive steps to address the associated liabilities. By implementing robust social media policies, providing ongoing training, and staying informed about legal developments, employers can create a more secure and respectful culture. In doing so, they not only protect their staff but also their company’s reputation and productivity.