Capital member Storrs Downey and associate Jessica Jackler recently co-authored an article for Professional Liability Defense Quarterly, highlighting ‘cancel culture’ and its impact on the workplace. “You’re Canceled! – Tips for Employers to Help Falling Victim to Cancel Culture in the Current Climate” examines cancel culture amid the #MeToo and Black Lives Matter movements and a global pandemic.
Storrs and Jessica discuss free speech in the workplace, off-duty conduct, the impact of social media and what employers can legally do when employees engage in conduct that negatively impacts the company’s reputation. They detail Title VII, enforcing anti-discrimination and harassment policies, EEO measures and proactive social media protocols businesses can implement to avoid being ‘canceled.’
They note “[e]mployers are not—and should not be—in the business of policing their employees’ off-duty social media activity, but there is no question that what an employee posts can still directly impact the employer…an employer should take disciplinary action if it becomes aware of online conduct that either violates its policies or conflicts with its values to potentially avoid a viral situation…”