Managing Employee Personal Social Media Posts

Managing Employee Personal Social Media Posts: Balancing Employer Interests and Employee Rights

Social media is a powerful communication tool, but it is far from private. What an employee posts online can quickly gain public attention and, in some cases, create significant legal risks for employers.

A recent case highlights how easily the line between protecting your organization and infringing on employee rights can be crossed.

The Case: Religious Discrimination Allegations Over Personal Posts

An employee used his personal social media account to share Bible verses and other faith-based content. Importantly, he did not reference his employer in his posts.

The employer instructed the employee to stop posting this type of content. When the employee continued, the company terminated his employment.

The employee filed a complaint alleging religious discrimination, and the U.S. Equal Employment Opportunity Commission (EEOC) agreed and sued the employer.

Employer Takeaway: Social Media Policies Have Limits

Employers often need to address problematic online behavior, particularly when:

• Posts involve harassment or discrimination toward coworkers or customers
• Confidential or proprietary information is disclosed
• Content violates workplace conduct policies or laws

However, regulating personal social media activity that is unrelated to the business or does not harm the workplace can cross into dangerous territory. As this case shows, overly broad restrictions can lead to EEOC investigations, lawsuits, and costly settlements.

Best Practices for Employers on Social Media and Employee Rights

To reduce legal risk while maintaining a professional and respectful workplace, employers should:

Review Your Social Media Policy

Ensure it is clear, narrowly tailored, and legally compliant.

Avoid blanket bans on lawful off-duty speech that is unrelated to the company.

Train Managers and HR Teams

Provide regular training on what types of social media content can be addressed under workplace policies.

Highlight legal protections, including those for religion, political beliefs, and lawful off-duty conduct where state laws apply.

Focus on Business Impact

Intervene only when posts create a legitimate workplace issue such as harassment, safety risks, confidentiality breaches, or reputational harm directly tied to the company.

Document and Apply Policies Consistently

Keep written records of social media-related investigations and actions.

Ensure similar situations are handled the same way for all employees to avoid discrimination claims.

Consult Legal Counsel Before Disciplining

Especially in cases involving religion, politics, or other protected categories, involve legal counsel before making disciplinary decisions.

The Bottom Line for Employers

Personal social media accounts exist outside the workplace, but employer actions regarding them can have real legal consequences. This EEOC lawsuit is a reminder that while employers have legitimate interests in protecting their brand and preventing harassment, they must carefully balance those interests with employee rights under federal, state, and local laws.

A well-crafted social media policy, consistent enforcement, and proper manager training can help your organization navigate this complex area without ending up in the headlines or in court.

✴️Need Help Navigating Compliance?
Contact CTR Payroll | HR today!