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The Ninth Circuit Clarifies Employers’ Obligations When Addressing Social Media Posts Affecting Workplace

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A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees’ off-premises social media activity. In Okonowsky v. Garland, the Ninth Circuit overturned a Title VII sexually hostile environment summary judgment ruling, finding that the court had erred by considering only some of the evidence and by applying incorrect legal standards. Emphasizing the ubiquitous nature of social media and its impact on the workplace, the Ninth Circuit’s decision provides guidance for employer best practices in investigating and responding to employee complaints arising out of off-duty social media use.

Lindsay Okonowsky was a

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