Workplace Discrimination

Can Social Media Contribute to a Hostile Work Environment Charge?

A Tweet is just a Tweet, right? Not if that Tweet is part of a series of harassing messages or interactions that one employee directs at another. As a supervisor, you’re likely well aware of the factors that define a hostile work environment allegation. It might be an employee’s persistent racially-motivated jokes or a supervisor who is openly hostile to Hispanic workers. But do those same criteria apply when the comments are made on a social network, like Facebook or Twitter?

Social networking sites give employees a new avenue for expressing themselves, and that includes expressions of discrimination, from racial slurs to sexual innuendo. To find out how courts might handle social media comments in this context, let’s consider this hostile work environment suit from the early 2000s:

The Case: A female airline pilot sued her employer, Continental, and fellow male pilots for defamation, intentional infliction of emotional distress, and sexual harassment. She alleged the harassment took place, in part, on a “Crew Members” online forum, which was accessible to all company pilots and crew members. The airline argued it was not liable because the harassment did not occur in a physical space under its control.

The Result: A New Jersey court found that the online forum was not a physical location, but it was so closely related to the workplace and, what’s more, it benefitted the employer. As a result, the forum could be considered part of the workplace. The court also stated that even though an employer is not required to monitor all private communications between employees, a company does have a responsibility to stop harassment in workplace related settings. 

So what can employers do to protect themselves from social media misuse?
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An Employee Undergoes Gender Change – What Should Managers Do?

How do you manage the situations created when an employee undergoes a gender change? No matter what your personal views on the matter may be, as a supervisor, it’s your job to help the team member transition within the workplace and minimize the impact the employee sex change has on staff and productivity.

What is a transgender employee? The term is a broad definition for people who have a sense of gender that is different than the gender of their birth. It can be a man who identifies as female or aThe Complete Guide to Transgender in the Workplace woman who identifies as male. A transsexual is a transgender person who lives full time as the gender opposite their birth gender. The person may or may not undergo medical procedures to alter the body’s appearance.

Legal Matters

Laws vary regarding an employee who undergoes a gender change. A number of jurisdictions, including California, New Jersey, Minnesota, and Washington D.C., have prohibited discrimination based on gender identity. The worker may be protected by these laws even if they haven’t undergone sex reassignment surgery. Always check with state and local labor departments to learn about transgender employee laws in your area.

Federal courts have also provided some protections for employees who undergo gender change. For instance, in 1989, the U.S. Supreme Court ruled that discrimination against a woman who didn’t conform to female stereotypes was, in fact, a form of sex discrimination.

Practical Matters

When the employee everyone has known as Robert shows up one day as Rosalie, it can be a shock to the team. The best way to handle an employee gender change is to create a transition plan. What should you consider in a plan for the employee who undergoes gender change?

Paperwork: From changing the worker’s gender on employment forms to changing their name, you’ll need to update documentation, which might include insurance forms, ID cards, and even organizational or workflow charts.

Restrooms: You and your employee should discuss which restroom he or she will use.

Pronouns: He or she? Always find out from the person experiencing a gender change how he or she would prefer to be addressed.

Workplace Education Session: The most successful plans include creating a workplace where the transitioning worker’s team members are informed of the situation.  Begin the session by explaining that their co-worker will be transitioning into a different gender. Give co-workers an opportunity to openly ask questions. Providing a forum to ask even uncomfortable questions helps relieve tension that these unfamiliar situations may trigger in some employees. Most importantly, be sure that your staff member who is undergoing the gender change has input into your communication strategy every step of the way.
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