When "Just Venting Online" Becomes a Work Problem
Most employees assume what happens on their personal Instagram or TikTok stays off their employer's radar. Pennsylvania and federal law disagree — and a growing body of case law shows just how blurry that line has become.
Off-duty, personal social media posts by a coworker can contribute to a hostile work environment under Title VII of the Civil Rights Act of 1964. Under Title VII, and Pennsylvania's own Human Relations Act, a hostile work environment claim doesn't require the harassment to happen inside the office. Courts increasingly look at the totality of the circumstances, including conduct that occurs entirely online, so long as it has a nexus, or connection, to the workplace.
A recent example is Okonowsky v. Garland, a 2024 Ninth Circuit case. A federal prison psychologist sued after a supervisor ran a personal Instagram account filled with violent, sexually degrading content targeting her. Co-workers learned of the site, and followed it. The harassment never happened at work — it happened on a phone, off the clock. The employer argued it had no duty to take corrective action. The psychologist resigned, and sued. The court did not buy the employer’s defense. Rather, the court ruled that social media posts are "permanently and infinitely viewable," and that off-duty online conduct can absolutely poison an employee's day-to-day working conditions and create a hostile work environment – and employer liability. The case was sent back for trial.
Today’s workplaces no longer begin and end at the parking lot. Misconduct can happen on work communication platforms like Slack, Microsoft Teams, or Zoom. Examples include sending offensive messages, making inappropriate comments or facial or body gestures during a video call, or displaying offensive imagery in a video background.
Here is guidance for employees:
Assume any post, comment, or "like" tied to a coworker, supervisor, or company topic can surface in an HR investigation — even from a private account.
Never post about a specific coworker's protected characteristics (age, race, sex, color, national origin, religion, disability), even as a "joke." If you wouldn’t like the comment posted about you or your family, then don’t post it about someone else.
If you're harassed online by a colleague, save screenshots immediately — deleted posts are hard to prove later. Contact independent employment counsel right away to get advice and to help you prepare your report to HR.
Review your employer's social media policy; many extend to off-duty conduct that affects the workplace.
When in doubt, don't post about work at all – and be very careful which work colleagues you choose to “friend.”
As social media becomes more entangled with how coworkers interact, expect the legal boundary between 'personal account' and 'work environment' to narrow. Perhaps our moms said it best when they told us, “If you can’t say something nice, don’t say anything at all.”