A court has ordered EEOC to turn over text messages and social media communications (e.g., Facebook) for employees the agency is representing in a discrimination suit. This potential goldmine for the employer is limited by the fact that the materials will be screened by the court for relevancy before being delivered.
In a case seeking mental anguish damages, even posts about having a very good day or the loss of a family member or pet may be deemed to have their relevancy outweigh the poster’s right to privacy, depending on the judge. The more shocking news is that there are still people who have their Facebook accounts completely visible to the public–no court order required for viewing those.
Our new rule for the day: “You are what you post.”