The tentacles of the Internet just keep extending into employment law. An Indiana judge has ruled that defense lawyers in a sexual harassment case should be able to review the Facebook and MySpace postings of the two alleged victims.
Although the judge did set some boundaries on exactly what material the two had to turn over, the order covered the women’s profiles and postings, photos and video. The filing, the judge said, should include materials that might “reveal, refer or relate to any emotion, feeling or mental state, (along with) communications that reveal, refer or relate to events that could reasonably be expected to produce a significant emotion, feeling or mental state” (for a look at the full ruling, go here).
Double-edged sword?
The judge’s order covers a lot of ground — and might very possibly be helpful to the company in fighting the harassment charges.
But there’s a downside: If such a demand can be made on employees involved in lawsuits, it’s a sure bet that company managers can be forced to provide the same kind of information. Are you confident all your firm’s supervisors on Facebook are only posting material you’d be happy to see displayed in open court?
Could be time for yet another amendment to your company’s Internet use policy.
