An employer recently terminated an employee after he allegedly sent a racist social media message to WNBA player Chelsea Gray. After Gray posted a screenshot, the employer confirmed the individual was no longer with the company because the conduct violated multiple policies. Even more recently, a similar event occurred, this time targeting WNBA player Dearica Hamby.
On the other hand, a private arbitrator ordered The Washington Post to reinstate opinion columnist Karen Attiah and provide back pay after finding that the newspaper lacked “good and sufficient cause” to terminate her over social media posts following Charlie Kirk’s killing. While The Washington Post argued that the posts harmed the organization’s integrity and violated company standards, Attiah argued that her posts fell within her role as an opinion columnist and that the termination violated the applicable labor agreement and social media policy.
Business Takeaway: One note here is that workplace conduct rules become a bit more complicated when applied to employees whose job duties include public commentary, social media outreach, advocacy, opining on controversial topics, etc. Before taking action, consider the employee’s role, past practice, applicable agreements, policy language, and how (or whether) the conduct relates to the employee’s job. A practical question is whether verified conduct violates policy, harms the business, conflicts with workplace standards, or undermines the employee’s effectiveness. Do your policies address social media, off-duty conduct, etc.? Do your people know what to do when an incident like this occurs?