The impact of social media on employment claims was a hot topic at the most recent International Conference of the Professional Liability Underwriting Society in San Antonio.
During a panel discussion titled “EPLI Watch Out! Hidden Risks of Employment Discrimination Claims,” Mercedes Colwin, managing partner for Gordon & Rees in New York, opened the discussion with a video presentation, the highlight of which was a frequently viewed YouTube posting—the one showing Burger King employees taking a bath in a utility sink.
Not all her examples were that revolting (okay—the Domino's pizza worker stuffing cheese up his nose had a similar effect), but the common thread was that each video “was filmed during work hours,” she observed, stressing the need for companies to put multimedia- and Internet-usage policies in place.
Other speakers highlighted ways that social media hurts employers and their EPLI insurers.
• Activities Outside The Office
Ed Moresco, vice president of Allied World U.S., advised EPLI underwriters: “Derek Fenton is a name we should become familiar with,” referring to a N.J. Transit employee who on his day off—not wearing anything related to N.J. Transit—burned pages of the Koran during a protest against the Ground Zero mosque.
The video went viral, and Fenton was terminated for violating N.J. Transit's code of conduct. “Where this will become interesting is the ACLU brought a suit on his behalf,” Moresco said. “This is something we need to be concerned about because it took place outside the work area.”
• Office Romances Revealed
Moresco said Facebook is putting a new spin on EPL claims, when a third party learns that two co-workers are dating—not from a workplace disclosure, but on the pages of Facebook.
“Where this becomes interesting is when a third party, a fellow employee, then brings a suit because she feels that she's in a hostile work environment because these two are dating,” he said, noting that he's seen such a situation come through as an EPL claim.
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