Social Media and the Workplace: Free Speech Meets Employment Law

Social media is everywhere today. Ever wonder how the role social media plays into the employer/employee relationship? In this episode, guests Aaron Holt and SaNni M-K Lemonidis, both experienced labor and employment attorneys, join host Matt Greer for a deep dive into the murky waters of who said what where and to whom. Can employers regulate what an employee says on a social media channel – say Facebook or X? It depends. The “manner and method” of our free speech outside of work still matters. It’s about content and context. Harassment and discrimination matter still matter. Try the “water cooler principle,” if  a comment was made on social media, ask if the same comment was made at work around the water cooler, would the boss feel obligated to act. If the answer is yes, then action is likely required. This is a fascinating field, nuanced and sometimes dependent on the size of a company and capacity for control as well, as the company’s own use of social media in outreach and marketing. The laws, and EEOC guidance, haven’t changed. But the environment we live and work in has. Basic principles still apply. For employees, be nice to each other. For employers, do your best to ensure no one is being harassed or bullied. If someone says there’s a problem, employers can protect themselves by investigating complaints and developing and adhering to consistent policies. REFERENCES MENTIONED:  Title VII of the Civil Rights Act of 1964 NLRB v. Pier Sixty, Justia Law Equal Employment Opportunity Commission  Okonowsky v. Garland, Justia Law  Connick v. Myers, Justia Law  The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC ABA Labor and Employment Law Section