A recent ruling by the Ninth Circuit Court of Appeals has set a critical precedent for employers, emphasizing that social media activity by employees can create a hostile work environment, leading to employer liability. The case of Okonowsky v. Garland underscores that harassment, even when it occurs on personal social media accounts and outside the physical workplace, can still have significant repercussions under Title VII of the Civil Rights Act.

Understanding the Case: Okonowsky v. Garland

In this case, a female staff psychologist at the Federal Bureau of Prisons experienced ongoing harassment from a male colleague in a supervisor role through a personal Instagram account. The colleague, a corrections lieutenant, posted sexually harassing and violent content that referenced Okonowsky and her role at the prison. Although this content was posted outside of work hours and on a personal platform, it was widely viewed by Okonowsky’s coworkers, creating a hostile work environment.

When Okonowsky reported the harassment, the Bureau of Prisons failed to take adequate action, leading her to resign and file a lawsuit. Initially, the district court sided with the employer, claiming the harassment occurred outside the workplace. However, the Ninth Circuit reversed this decision, emphasizing that the impact of social media harassment on the work environment cannot be ignored.

What Employers Need to Know 

This ruling has far-reaching implications for employers, as it firmly establishes that online harassment, even when it occurs on personal social media accounts and outside of work, can still result in employer liability if it negatively impacts the workplace.

#1. Expanded Definition of the Workplace: 

The court’s decision underscores that the "workplace" is no longer confined to physical spaces. Social media platforms, which are accessible at all times and locations, are now considered extensions of the workplace. Employers must recognize that their responsibility to maintain a harassment-free environment extends to the digital realm.

#2. Policy and Training Adjustments: 

Employers must revisit their anti-harassment policies to explicitly include social media conduct. It is essential that these policies clarify that harassing, threatening, and derogatory interactions between coworkers, even on personal accounts, will not be tolerated. Additionally, employers should ensure that anti-harassment training programs cover social media use and equip supervisors with the tools to address concerns about online harassment effectively.

#3. Proactively Preventing Online Misconduct 

This ruling has profound implications for employers, particularly regarding the importance of preventing and addressing online behavior. One effective way for employers to mitigate the risks of social media harassment is by utilizing online screening solutions like those offered by Fama during the hiring process to avoid hiring candidates with a history of online misconduct. Employers can use Fama’s screening technologies to identify potentially harmful online behavior that could contribute to a hostile work environment, looking for things like violence, sexual misconduct, and harassment. By proactively screening candidates’ public social media content, employers can detect signs of harassment, discrimination, or other inappropriate behavior before a new hire comes on board and it escalates into a legal issue.

Moving Forward: Best Practices for Employers

In light of the Ninth Circuit’s ruling, employers should take proactive steps to prevent and address social media harassment. This includes updating policies, conducting regular training, and ensuring that complaints about online harassment are taken seriously and addressed promptly. By doing so, employers can mitigate the risk of liability and foster a safe and respectful workplace, both online and offline.

The Okonowsky v. Garland decision is a clear signal to employers that the boundaries between personal and professional lives are increasingly blurred, especially in the digital age. Employers must stay vigilant and responsive to the evolving legal landscape to protect their employees and their organizations from the dangers of a hostile work environment created through social media.

By leveraging advanced online screening solutions like those offered by Fama Technologies, employers can take a proactive approach to identifying and mitigating potential risks. These tools not only help in detecting signals of misconduct but also ensure that the screenings are conducted within the bounds of the law. This approach allows employers to foster a respectful and safe workplace, both online and offline, while staying compliant with legal requirements.

Incorporating Fama’s screening solutions into your company’s hiring process can be a critical step in preventing social media harassment and maintaining a positive work environment. As the digital landscape continues to evolve, staying ahead of potential risks with the right technology is essential for protecting both employees and the organization.

This post and other related content on Fama’s website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Readers should contact their attorney to obtain advice with respect to any particular legal matter.