NewsTRISTAN & CERVANTES NEWS | October 5, 2016

Firm Updates:
Tristan & Cervantes would like to congratulate its law clerk, Caroline Kane, on her passage of the Illinois Bar Examination. We are proud and excited to announce that Ms. Kane will be admitted to the Illinois Bar in November and will be an Associate Attorney with Tristan & Cervantes.
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Cyber-Bullying In the Workplace
Suppose you become aware that one of your employees created an online blog and dispersed disparaging remarks about another employee, who happens to be disabled. Over time these posts become increasingly vulgar and spread
throughout the workplace. The harassed employee then informs you of the remarks and requests that you take action to stop the harassment. Can you, the employer, be liable for failure to engage in corrective measures to prevent further bullying and harassment? The answer is yes. See Espinoza v. County of Orange, G043067, 2012 WL 420149 (Cal. Ct. App. Feb. 9, 2012).
A national poll by Craig Newmark demonstrates that the number of cases involving cyber-bullying continue to increase. Employers cannot disregard the impact that social media has at their companies, especially in relation to cyber-bullying and harassment. Although “the workplace” does not encompass the use of social media on non-company computers or smartphones while an employee is off-duty, once “personal” use spills over into the workplace, this may create a problem for employer. As such, employers are encouraged to adopt anti-bullying and harassment policies. In drafting these policies, the National Labor Relations Board (“NLRB”) recommends that the policies be drafted carefully in order to avoid any ambiguities and restrictions of the employee’s protected rights.
Taking steps to limit the impact of cyber-bullying can create a safer and more fruitful work environment and protect the employer from any claims of harassment. Please feel free to contact our office for more information about this topic and guidance on how to draft and implement anti-harassment and anti- bullying policies.