I’ve long preached that employees should not enjoy an expectation of privacy in information they voluntarily place on the Internet, including social networks like Facebook.
What employees make available for the others to see should be fair game for employers to use when making employment decisions.
Now according to one federal court in Indiana, it is also fair game for employers to use social networking information when they have to defend against harassment and discrimination lawsuits. Because there are so few cases discussing this developing issue of the discoverability of social networking information, this case—EEOC v. Simply Storage(S.D. Ind., No. 1:09-cv-1223-WTL-DML, 2010)—is helpful in defining the scope of these issues.
Discovery takes place in the pretrial portion of the legal process, when the various litigants ask the other parties for relevant information and documents in an attempt to “discover” the...(register to read more)