Online Harassment Ruling Provides Fodder for Future Enforcement

The Equal Employment Opportunity Commission has a new legal framework to bolster its enforcement efforts against off-site, online harassment that creates a hostile work environment, thanks to a recent appeals court decision.

The ruling from the US Court of Appeals for the Ninth Circuit builds on the EEOC’s newly finalized harassment guidance, which says employers can be liable for off-duty conduct that occurs online or on social media if it affects someone’s work environment.

Both the decision and the guidance adapt workplace harassment law to the digital age as the boundaries between personal and professional environments blur with the growth ...