January 2008 Issue Number 96

Is a monthly electronic newsletter which links current events and issues to the daily challenges faced by fire and emergency services managers. Current topics in the areas of leadership development, workplace diversity, change management, and conflict resolution will be discussed.

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Consider This...

Whose Space?

Spent much time on MySpace lately? Probably not, if you are over a certain age. But for many younger workers, and especially for those just entering the workplace, maintaining a presence on Internet sites such as MySpace, Facebook, and YouTube is just normal and expected. And that can cause problems when they come to work for you-- problems for them, and problems for you too.

MySpace, Facebook and similar sites are Internet networking centers where individuals create web pages where they post photographs, videos, web logs, and other kinds of personal information. Friends, either actual or virtual, can post messages or comments. Some access may be restricted, but a large amount of the information posted in this way is available to pretty much anyone who is willing to log onto the site and look around.

Social networking sites are not usually intended to convey a professional presence. They're for fun, to contact and make friends with like-minded people. As a result, some of the material posted on those sites is not edited with the idea that a potential employer might see it. And yet more and more employers are searching these public access sites, and making employment decisions based on what they find there.

In Florida, several recent instances of firefighter-posted videos raised concerns. Some of the videos were clearly taken at emergency scenes, which brought up concerns of both confidentiality and professionalism, since civilians portrayed did not apparently give permission for the filming. There were also questions of whether trying to get a good video clip was interfering with doing the job at hand. A number of firefighter videos showing hazing and station horseplay have also made the rounds on various Internet sites.

In Colorado, a probationary firefighter was let go after posting a picture of himself in his department's uniform, engaging in inappropriate behavior. Many employers will do at least a cursory Internet search of potential employees, and make judgments based on what they find.

Is this appropriate or even legal? The answer to this question is not completely clear cut. Employers have the right to access information about candidates or employees that is in the public domain, and arguments about privacy do not carry much weight when people are posting information openly. But there are limits. An employer who does Internet background checks must be careful not to use information that may be illegal, such as refusing to hire someone after learning of a disability through a web log. Employers who choose to use the Internet for background searches should use the process for everyone, not just selected candidates.

People who participate in Internet social networks need to understand that just about everything they post can be accessed by just about everyone, even their current or future employers. Therefore, it is in everyone's best interest to be prudent in all postings, to prevent future embarrassment if not disciplinary action. And remember-- the Internet is forever: just because you delete it, that doesn't mean it can't be retrieved by someone later. A little wisdom on both sides goes a long way: employers remembering that all people do foolish things sometimes, and MySpace aficionados asking themselves, "Would I want my boss to see this?" whenever they make a posting.

Sources: Sun-Sentinel, December 4, 2007; HR Daily Advisor, December 3, 2007

Ohio is the most recent state to push for expanded benefits for pregnant workers. Currently 18 states require employers to offer maternity leave benefits which exceed those mandated by the federal Family and Medical Leave Act. That law offers workers at businesses with 50 or more employees up to twelve weeks of unpaid leave for infant care. The Ohio Civil Rights Commission has recommended that businesses with four or more employees be provided with up to twelve weeks of unpaid leave, regardless of how long a worker had been with that particular employer.

Source: New York Times, August 12, 2007

Individual Liability for Workplace Decisions

When someone sues under Title VII, the target of the lawsuit by definition is the employer/organization the person works for, not any individual person within that organization. In fact, federal discrimination laws do not allow for individual lawsuits. Why is it then, that so many individuals are being named in employment litigation these days? Are you vulnerable?

It has always been possible to name individuals in suits based on certain federal laws: the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA) and the Occupational Safety and Health Act (OSHA), among others. In addition, state discrimination laws may be more open to allowing individuals to be named in litigation. And of course, individuals have always been liable in civil or criminal cases.

There are a number of reasons why someone suing an employer might also include individuals as defendants. There might be a desire to clearly identify the perpetrator of the harmful act. There might be a belief that naming individuals will make an employer more likely to settle the case before trial. Naming specific individuals might be a way of letting others know that they are not being held responsible. But including individuals in workplace litigation carries risks too. The focus on individuals can distract an organization from making more widespread changes. Having more defendants included in any lawsuit makes the process slower and unwieldy, and can ultimately cost everyone a lot more time and money. Finally, there is always the possibility that individual defendants will be severed from the litigation when it finally gets to court.

Regardless of whether naming individuals in an employment-based lawsuit will be successful, it is important to understand that it is possible. And no one is immune from the risk of being included.

Source: HR Daily Advisor, December 10, 2007

 

 

 

© Linda F. Willing, 2007